EUROPEAN AND NORTH AMERICAN
RAILWAY COMPANY.
OFFICERS.
President,
GEORGE K. JEWETT Bangor, Me.
Treasurer and Secretary,
NOAH WOODS Bangor, Me.
Board of Directors.
GEORGE K. JEWETT Bangor, Me.
NOAH WOODS
AARAD THOMPSON
SAMUEL F. HERSEY ..........
JARVIS WILLIAMS Boston, Mass.
WILLIAM G. CASE Columbia, Penn.
J. EDGAR THOMSON Philadelphia, „
JAMES W. EMERY Cambridge, Mass.
GIDEON MAYO . . . . ' Orono, Me.
Bangor, April 10th, 1871.
This pamphlet, having been compiled and printed in 1869, a few
additions are necessary, viz:
On Page 11. It is stated, "the track to Passadumkeag, thirty-one
" miles from Bangor, is laid" * * * ** *** ** *
* * * and,—"Contracts have been made for finishing the road to
Winn, and it is to be in running order by Oct. 1st, 1809."
The road was completed to Winn as agreed, and trains have been
running regularly to Winn, since November 8th, 1869 ; and the Com¬
pany has received from the City of Bangor, the entire amount of
bonds (one million dollars) which said City was authorized to loan to
this Company.
The distance from Winn to the boundary line of the State, at Vance-
boro, isflfty-eight miles.
During the year 1870 (the first complete year of business of the
road from Bangor to Winn; the earnings exceeded by some forty\see-
en thousand dollars, ($47,000,) the entire expenses and the interest
on one million dollars of bonds, (City of Bangor loan.)
Which was equivalent to earning (uetl) the interest on $1,800,000.
And this during th a first year, and from local business alone. Thus
far in 1871, the receipts of the road from Bangor to Winn are twenty
percent, greater than during the corresponding period in 1870. On the
conipletion of the road, (to connect at Vanceboio with the already
completed road thence to St. John,) the through business to and from
the Provinces, together with the business on the new portion, will add
greatly to the present handsome receipts.
THE
EUROPEAN AND NORTH AMERICAN
RAILWAY COMPANY:
ITS CHARTERS, ORGANIZATION, CONDITION,
MEANS, AND PROSPECTS.
CAMBRIDGE:
PRESS OF JOHN WILSON AND SON.
1869.
THE
EUROPEAN AND NORTH AMERICAN
RAILWAY COMPANY.
I.
the chartered rights.
The European and North American Railway is a corporation
duly established by the laws of the State of Maine. It is
authorized by its charter and special enactments * of the legis¬
lature to construct and maintain a line of railway from the city
of Bangor to the boundary line of Maine, in the direction of
the city of St. John, in the Province of New Brunswick, with
the right to connect with a line of railway now being con¬
structed from St. John westward, and to unite with other rail¬
road companies in the State of Maine and the Provinces of
New Brunswick and Nova Scotia. A connected line of railway,
then, will be formed between the city of Portland and the city
of Halifax, N.S. The powers granted by the charter are lib¬
eral, and invest the corporation with all the rights and privi¬
leges desirable for an enterprise so well adapted to settle the
vacant lands of the State, and develop their wealth.
II.
organization and the adoption of by-laws.
The company was organized in due form of law, according
* Vide Appendix A.
4
to the charter and the acts * amendatory thereto, as fol¬
lows : —
" European and North American Railway Company.
" MEETING OF THE STOCKHOLDERS.
" In pursuance of notice in the words and figures following,
viz. : —
" ' European and North American Railway Company.
'"notice of organization.
"' The undersigned, the three persons first named in the
first section of an act passed by the legislature of Maine, and
approved the twentieth day of August, a.d. 1850, entitled An
act to incorporate the European and North American Railway
Company, and being specially authorized therefor in and by
said act, hereby give public notice, that subscriptions to the
capital stock of said company having been made to the amount
of one thousand shares and upwards, in accordance with the
regulations heretofore by us prescribed, and in compliance
with the requirements of the act aforesaid, we hereby give
public notice, that a meeting of the stockholders in said com¬
pany will be held at the office of Poor & Adams, in Portland, on
Wednesday, the twentieth day of July, a.d. 1853, at three of the
clock in the afternoon, to adopt by-laws, make choice of direct¬
ors, and to act upon all others matters that may come before
the stockholders, when so assembled.
" ' Dated at Portland, the twenty-fifth day of June, a.d. 1853.
" ' Elijah L. Hamlin,
Anson G. Chandler,
John A. Poor.'
" Which notice was published in the Calais ' Advertiser,' in
the Bangor ' Daily Whig and Courier,' in the Kennebec
' Journal,' in the Portland ' Daily Advertiser,' and in the
' Eastern Argus,' more than twenty days before the time of
such meeting; the stockholders of the European and North
American Railway Company met at the office of Poor &
Adams, in Portland, on this twentieth day of July, a.d. 1853,
at three of the clock in the afternoon.
* Vide Appendix A.
5
" John A. Poor, Esq., called the meeting to order, and, on
his motion, Hon. Anson G. Chandler was appointed chairman,
and John M. Adams, Esq., was chosen clerk of the stockhold¬
ers, and was sworn to the faithful discharge of the duties of
his office."
A true copy from the records of the European and North
American Railway Company.
Attest: Noah Woods, Clerk.
A committee appointed to determine the number of shares
taken and subscribed in the capital stock of said company,
reported the amount of capital stock taken and subscribed to
be twenty-two hundred shares.
The committee appointed to report a code of by-laws for the
government of the company, reported the following
By-Laws
Of the European and North American Railway Company of Maine.
1st. Meetings—how called. — All meetings of the stockholders shall be
held at such place as the directors for the time being shall appoint, and shall
be called by a notification published two weeks successively in two at least
of the public newspapers printed in this State, the first publication to be
fourteen days at least before the day of such meeting. Said notification
shall specify the time and place of meeting, and the objects for which the
meeting is called, and shall be signed by the President or clerk of the cor¬
poration. No other business shall be transacted at any special meeting of
stockholders but such as relates to the objects specified in the notification.
2d. Meetings — business at.—-No business shall be transacted or votes
passed at any meeting of the stockholders, excepting a vote to adjourn to
some future time, unless there be present in person, or by proxy, stock¬
holders holding and representing not less than one-fifth of the whole amount
of capital stock subscribed for. Authority to act as proxy at any meeting
must be in writing, and signed by the principal. It must be produced to
the presiding officer at the meeting, who shall deliver the same over to the
clerk, to be put and remain on file in his office.
3d. Meetings — how ordered. — The time and place of all meetings of the
stockholders, excepting the time of the annual meeting, shall be determined
by the directors. The first annual meeting shall be held on the third Tues¬
day of July, 1854, at ten o'clock in the forenoon ; and all subsequent annual
meetings shall be holden on the third Tuesday of July in each succeeding
year, at ten o'clock, a.m. Special meetings may be ordered by the directors
when they deem it expedient. It shall also be the duty of the directors to
6
order a special meeting, whenever requested, on the written application of
stockholders owning not less than one-twentieth of the whole amount of
capital stock subscribed for.
4th. Manner of voting. — Questions coming before the stockholders at any
of their meetings may, by common consent, be decided by hand vote. If any
stockholder dissents from adopting that mode, the question shall be resolved
by ayes and noes, by ballot, voting by shares. In all cases of voting by
shares the ballot shall have written on the back thereof the number of shares
which the person voting owns or represents, authenticated by the signatures
of the person throwing the ballot; and in case the voter acts as proxy, he
shall subjoin to his signature that fact and the name of his principal. No
ballot, unless so authenticated, shall be counted.
5th. The board of directors shall consist of nine members until a different
number shall be fixed upon at an annual meeting of the stockholders, and
each member of the board shall be at the time of his election a shareholder
in the capital stock of the company, and they shall hold their offices until
the annual meeting next after their election, and until others are chosen in
their stead, and a majority of whom shall have accepted the office. When¬
ever any director shall cease to be a shareholder his office shall thereby
become vacant. Whenever any vacancy shall happen in the board of direc¬
tors it may be filled by a new election of the remaining directors. The
directors may establish rules for the proper regulation of their own proceed¬
ings, and the orderly performance of their duties. They shall fix and deter¬
mine the compensation of their officers and agents. They may erect such
buildings, storehouses, wharves, and workshops as they may deem advan¬
tageous, and for the interests of the company. They may sell and dispose
of any real estate or personal property belonging to the company on such
terms as they may judge best. They may authorize the treasurer to hire
such sums of money, on the credit and for the use of the company, as they
may deem necessary to carry out the intentions and objects of the charter,
and may give such security for the payment thereof as they may deem
reasonable. They shall have power to dispose of the residue of the capital
stock authorized by the charter, and not subscribed for at the time of the
organization, in such manner and at such times, and from time to time as
they shall judge most for the interests of the company. They shall declare
all dividends, allow accounts, adjust and settle all just and equitable claims
upon the corporation, superintend the conduct and doings of the different
officers and agents appointed or employed by them, and take all necessary
measures to carry into effect the objects and purposes of the company, as
defined and prescribed by their charter.*
6th. Clerk and his duties.—The clerk chosen by the board of directors
may be sworn before any justice of the peace or judge of a court of record,
and his oath of office shall be entered as of record on the records of the
directors, and be signed by the justice or judge administering the same.
* The 5th section appears here as duly amended at lawful meetings of the
company, held on July 21, 1863, September 22, 1865, and July 17, 1866.
7
He shall ex-officio be clerk of the stockholders. He shall keep a fair record
of all the doings of the stockholders at their meetings, in a separate book
kept for that purpose. He shall also keep, in a separate book, a record of
the doings of the directors at any of their meetings, particularly stating the
names of the directors present at any such meeting, either in person or by
proxy. The tenure of office of the clerk shall be during the pleasure of the
directors. In his absence the directors shall choose a clerk pro tempore,
who shall be sworn in like manner as the clerk, and perform his duties dur¬
ing such absence ; and in case of the absence of the clerk at any stock¬
holders1 meeting, it shall be lawful for the stockholders to choose a'clerk pro
tempore.
7th. Treasurer, and his duties.—'The treasurer chosen by the directors
shall hold his office during their pleasure. He shall be sworn to the faith¬
ful discharge of the duties of his office, before some justice of the peace or
judge of a court of record. He shall have an office in such place as the
directors shall determine, accessible to all persons having business with the
corporation, or any of its officers or agents. He shall keep all deeds,
promissory notes, and valuable papers of the company. He shall collect
and receive all assessments, income, and moneys that may be due to the
company, and disburse the same as the board of directors shall order. He
shall surrender notes and other promissory papers on payment thereof, and
discharge such mortgages as may have been given concerning the same.
He shall keep a regular set of books containing the accounts of the com¬
pany, and of all its funds that may pass through his hands. He shall lay
before the directors a written statement of all notes, drafts, promises, and
contracts made, signed, and indorsed, or surrendered by him; an' abstract
of all moneys received and paid; a statement of all property bought and
sold, and such others matters as he or the board of directors may deem
important, when called for. He shall make a complete settlement of the
accounts and books at least annually, and as much oftener as the board of
directors shall require, and shall advise what dividends of profits may be
made. He shall render an account of his doings to the stockholders of their
annual meetings. He shall notify the stockholders of all assessments in the
manner prescribed by the by-laws. He shall deposit to his credit as treas¬
urer of the Eui-opean and North American Railway Company, and in such
bank or banks as the directors may from time to time designate, all moneys
received by him. He shall issue certificates of stock to all persons entitled
thereto, and keep suitable books showing the number of shares held by the
respective stockholders from time to time. He shall attend faithfully to
the duties prescribed in the by-laws, and to all other duties which the
directors may require him to perform.
8th. Common seal. — This company shall have a common seal, to be kept
and preserved by the treasurer, bearing the words and figures "European
and North American Railway Company, incorporated August 20, 1850,"
and in the centre a miniature map showing the Atlantic ferry.
9th. Certificates of stock.—The holders of shares in said capital stock
8
shall be entitled to certificates thereof, to be signed by the president,
countersigned by the treasurer, and authenticated by the common seal;
and all certificates of shares in said stock shall be in the following form,
viz:
" European and North American Railway Company. No. —.
" Be it known that proprietor of shares in the
capital stock of the European and North American Railway Company,
subject to the provisions of the charter and the by-laws of the corporation,
the same being transferable by an assignment thereof in the books of said
corporation, or by a conveyance in writing recorded in said books. And
when a transfer shall be made or recorded in the books of the corporation,
and this certificate surrendered, a new certificate or certificates will be
issued.
" Dated this day of A.D. 18 .
[l. s.] " , President.
" ~, Treasurer."
10th. Transfer of stock. — The following form for the transfer of shares
in the capital stock shall be printed on the back of every stock certificate,
which form shall also be adopted for the transfer books of said company,
viz :
" European and North American Railway Company.
"For value received, hereby transfer to of
shares in the capital stock of the European and North American Railway
Company, subject to the provisions of the charter and to the by-laws of the
corporation.
" Dated at this day of A.D. 18
" Witness :
All transfers of shares shall be recorded either by the treasurer in the
books to be kept in his office, or by an officer duly authorized by the
directors, in books to be kept at such other place or places as they may
appoint. On the receipt of such transfer or assignment, and of the original
certificate, a new certificate or certificates shall be issued to the person or
persons who by virtue of such assignment shall become the proprietors of
such share or shares ; and receipts shall be given to the treasurer of all stock
certificates received of him.
11th. Assessments on shares. — The president and directors may from time
to time make such equal assessments on all the shares in said corporation as
they may deem expedient and necessary for the purposes of the company,
and may direct the same to be paid to the treasurer at such time and place
as they shall deem proper, governing themselves as to the amounts of
assessments, allowance of interest, and in all other respects, by the terms,
conditions, and regulations prescribed for the original subscription for stock,
before the opening of said books ; and the treasurer shall give notice of the
9
amount per share of every such assessment, and of the time and place when
and where the same will be due and payable, by advertisements to be printed
in one or more newspapers in this State, at least thirty days before
the day fixed for the payment thereof; and the directors may give such
other notice as thev may deem expedient. And if any stockholder shall
neglect or refuse to pay any assessment or assessments on his share or
shares in said company, for the space of thirty days after the first publication
of such notice, the directors may order the treasurer, after giving notice (as
hereinafter provided) of the sale, to sell any or all such shares by public
auction, to be held in such place as shall be designated by the directors, to
the highest bidder; and the same shall accordingly be transferred by the
treasurer to the purchaser, who shall be entitled to receive a certificate
thereof. And notice of every such sale shall be given by the treasurer in
one or more newspapers printed in this State, at least thirty days before
the day of such sale, designating the time and place thereof, and the shares
to be sold.
12th. Deeds, &c. — how executed. — All deeds, conveyances, and mort¬
gages made in fee-simple or for any other or less estate, and all leases of
any real estate owned by said company, except of said railway, executed
and acknowledged by the president, countersigned by the treasurer, and
authenticated by the seal of said company, are hereby declared to be the acts
and deeds of said company, and shall be valid and effectual as such to all
intents and purposes.
13th. By-laws — how amended. — The by-laws shall not be altered, re¬
strained, or repealed, except at the annual meeting, nor unless due notice
of the proposed alteration shall be inserted in the notification for the meeting
at which the same is acted upon.
III.
THE CONNECTION WITH THE NEW BRUNSWICK EXTENSION.
The European and North American Railway Company of
Maine has contracted with the European and North American
Railway Company for extension from St. John westward (a
corporation duly established by the Province of New Bruns¬
wick) to build their road from St. John, N.B., to the eastern
boundary of the State of Maine, there to connect with their own
road, and thus form a continuous line of railroad from Bangor
to St. John.
The construction of the entire line of road from Bangor to
St. John is under one contract.
Thirty miles of road at either end is already completed, the
2
10
the work is being vigorously prosecuted, and the entire line in
New Brunswick is under contract to be finished by Sept. 1,
1869, while the line from Bangor to Winn is under contract
to be finished by Oct. 1, 1869, leaving but fifty-six miles of the
whole line to be completed as soon as possible.
The New Brunswick Company has agreed upon the comple¬
tion of the line from Bangor to the city of St. John, to ex¬
ecute to this company a lease of the road for nine hundred
and ninety-nine years, and the Maine Company, in lieu of rent,
is to pay six per cent semi-annual interest on two thousand
of the lessors' bonds for one thousand dollars each, as the in¬
terest warrants become due, and also the necessary expenses
of maintaining the corporate organization of the New Bruns¬
wick Company, — the Maine Company to hold and possess
under the agreement the railway in New Brunswick, and all
the rights, property, and privileges thereto pertaining, until the
lease is executed. This company will thus have the entire
management and control of two hundred miles of road which
is destined to become the thoroughfare of European and North
American and interprovincial and States travel, as well as to
form the eastern terminus of the line of railway across the
continent of North America. The line is also the natural
trunk from which branches will diverge into the regions of
Piscataquis and Aroostook counties and of the Penobscot,
St. Croix, and St. John rivers.
These roads are heavily subsidized by their respective gov¬
ernments ; they are in process of construction under one con¬
tract, and upon completion will be under one control, and
managed in the same interest.
IV.
THE TIME ALLOWED THE COMPANY BY THE LEGISLATURE FOR THE
COMPLETION OF ITS RAILWAY. — THE CONDITION AND LENGTH
OF ROAD ALREADY COMPLETED.
This company was chartered Feb. 20th, 1850.* Feb. 20th,
1856,f the charter was revived, and the time allowed for the
* Vide Appendix A. p. 45. t Vide Appendix A. p. 54.
11
location and construction of the railway extended; and again
March 25th, 1863 * and Feb. 20th, 1864.
By act of Feb. 21st, 1866,f the time within which to com¬
plete the construction of the railway to the boundary was ex¬
tended to Dec. 31st, 1872, and Feb. 20th, 1868;$ the time
allowed for the construction of the line to Lincoln was ex¬
tended to Feb. 21st, 1870; and one year ending Feb. 20th,
1869, allowed within which to alter and amend any part of the
location of the line between Lincoln and the boundary.
The company are allowed therefore until Feb. 20th, 1869,
to alter and amend the location of their road between Lincoln
and the boundary line ; until Feb. 21st, 1870, to construct their
railway to Lincoln ; and until Dec. 31st, 1872, to complete the
entire line.
The location to the boundary line has been made, and the
construction of the road begun. The track to Passadum-
keag, thirty-one miles from Bangor, is laid.
The road-bed as far as Lincoln, a distance of forty-five miles,
is graded. The culvert masonary is finished, the bridge piers
erected, and the bridges under contract to be put up, and the
rails and material for the track purchased. As early as the
spring weather will permit, the railway will be vigorously and
rapidly prosecuted to completion as far as Lincoln. Contracts
have been made for finishing the road to Winn, and it is to be
in running order by Oct. 1st, 1869.
Several regular passenger and freight trains are running
over twenty-six miles of the road daily between Bangor and
Olamon. The amount of business exceeds the original expec¬
tation of the Directors, and taxes severely their preparation.
It is constantly increasing. The travel from river driving
alone, in its seasons very great, and the transportation of be¬
tween two and three hundred million feet of lumber annually
sawn on the river will be a source of large revenue. In ad¬
dition, there will be the business occasioned by the slate quar¬
ries and iron mines; this will yield on the first fifty miles hand¬
some dividends upon the cost of construction. Its location
* Vide Appendix A. pp. 54, 55. f Vide Appendix A. p. 60.
} Vide Appendix A. p. 61.
12
along the banks of a navigable river, the natural highway of
transportation, the basin of which is estimated to contain eight
thousand and two hundred square miles, or five million two
hundred and forty-eight thousand acres, — for the Penobscot
traverses very nearly the entire breadth of the State, —is favora-
able to a productive business.
Y.
THE PRESENT AND PROSPECTIVE MEANS OP THE COMPANY FOR
THE COMPLETION OP ITS ROAD.
The European and North American Railway Company is
empowered by its charters to acquire by purchase or lease, the
entire line of railway from Halifax to Portland,* a distance of
about six hundred miles. Its capital stock f may be issued to
the amount of fifteen million dollars in gold. The par value
of its shares is one hundred dollars, or twenty pounds sterling.
Twenty-two hundred shares of stock have been issued and
paid for.
The national and local desire to advance friendly inter¬
course, and to foster and promote trade between the Provinces
and the States, has obtained assistance for the construction of
this railway which, for an enterprise of less public worth,
hardly would have been gained.
The aids are as follows : —
1st. Aid in Lands. — The State of Maine has granted to the
Company all the timber and lands lying on the waters of the
Penobscot and St. John rivers. This grant embraces about
eight hundred thousand acres, | and the Company have the
right to mortgage them separate from, or together with, the
road-bed, track, and franchise. The proceeds from the sale or
mortgage of the lands and timber must be applied solely to the
construction of the road from Lincoln to the boundary line.
To secure, more effectually, the legitimate application of all
moneys and securities arising from such sales or mortgage,
the Act of March 3,1868, provides that two trustees § shall be
* Vide Appendix A. p. 55. t Vide Appendix A. p. 53.
J Vide Appendix B. p. 77. § Vide Appendix A. p. 69.
13
chosen by the directors and approved by tlie Governor of the
State, to hold all such moneys or securities until the comple¬
tion of the road to Lincoln, when they shall be paid over to the
Company, to aid in constructing the remainder of their line.
The Hon. Israel Washburn, Jr., of Portland, and the Hon.
Abner Coburn, of Skowhegan, Maine, have been chosen Trus¬
tees, and their appointment approved by the Governor.* Both
have accepted the trust.
The claims of Massachusetts f and Maine against the United
States, arising prior to 1860, are four in number.
1. A claim for the value of lands assigned to settlers under
the fourth article of the Treaty of Washington, amounting to
a little more than one hundred and forty-six thousand dollars.
An appropriation $ to meet this claim, was made by Congress,
in July, 1868, and the money has been paid over within a few
weeks.
2. A claim for the payment of interest upon the sums ad¬
vanced by Massachusetts to the United States, during the war
of 1812-15. The justice of this claim is too obvious for argu¬
ment, and the precedents which justify and requires its pay¬
ment, are multiplied and uniform. When the Revolutionary
war debts of the States were assumed by the United States,
immediately after the adoption of the federal Constitution, the
interest upon them was assumed, as well as the principal. All
the States which advanced money for the United States during
the war of 1812-15, have been repaid with interest, except
Massachusetts. During the Mexican war, Congress provided
by general law, for the payment of interest to all States and
municipal bodies advancing money for the United States. The
right of Massachusetts to claim interest upon her advances
during the war of 1812-15, has never been denied. But it is
a claim which could not be made until the principal of her ad¬
vances was adjusted, and in consequence of controversies as to
a part of them, this was not finally accomplished until 1859.
The principal of her advances having then been settled and
paid, the payment of interest upon them would have followed
* Vide Appendix B. p. 80. t Vide Appendix A. p. 70.
t Vide, Appendix B. p. 70.
14
as a matter of course, if it had not been prevented by the
breaking out of the late civil war. A claim so clearly just,
and supported by the uniform practice of the government, is
sure to be allowed at an early day. The amount of this claim
is supposed to be quite a half of a million of dollars.
3. The claim of Maine for an unpaid portion of the expenses
of defending the late disputed territory, which expenses the
United States, by one of the articles of the Treaty of Washing¬
ton, agreed to assume and repay. Among these expenses, has
been recognized that of the interest paid by Maine in raising
money for the purpose of maintaining a force upon her invaded
frontiers. But instead of repaying to Maine the interest actu¬
ally paid by ber, the accounting officers of the Treasury com¬
puted it by an old rule adopted in that department, which was
so clearly erroneous, that Congress, in 1857, in the case of
Maryland, interfered by a special enactment and directed the
true rule to be applied. The practice at the Treasury, in ad¬
justing an interest account upon a debt which had been paid
by instalments, was to apply the successive payments exclu¬
sively to the principal, until that was wholly extinguished.
The true rule, as administered in all our state and federal
courts, is to apply successive payments, first to the interest
which may have accrued at the times of such payments. This
correct rule, as before stated, Congress directed in 1857 to be
applied to the case of Maryland. The reasons for applying it
to the case of Maine are tenfold stronger. Her right to be
indemnified for the cost of defending her territory, is not
merely a matter of justice ; but it is secured by a precise treaty
stipulation, in consideration of the surrender by ber of a most
valuable and extensive domain, for which the United States
received important territorial equivalents elsewhere. Admit¬
ting, as the United States do, that the interest paid by Maine
upon loans rendered necessary for the protection 'of her soil,
is a part of the cost of that protection, they cannot reduce the
indemnity stipulated by treaty, by an arbitrary and erroneous
rule of the treasury department. Much of the interest paid by
Maine was paid semi-annually, and the remainder annually.
She is really not indemnified, unless, in the adjustment of her
15
accounts with the United States, interest is reckoned semi¬
annually or annually, jnst as she has herself been obliged to
pay it. But as yet, Maine has not asked that measure of jus¬
tice, but only that the rule of computation, adopted by all the
courts of the country and applied by Congress to the case of
Maryland, shall be applied to her case.
The amount of this claim, reckoned to June 1, 1864, was
two hundred and eleven thousand, five hundred and forty-seven
dollars, which will be increased by the addition of interest to
the present time.
4. The claim of Massachusetts and Maine for the spoliation
of timber upon the disputed territory, between the years 1832,
and 1839. In the first-named year, an arrangement was en¬
tered into at Washington between the British Minister and the
American Secretary of State, by which the jurisdiction of
Maine over the disputed territory was suspended during the
pendency of negotiations upon the question of boundary. This
arrangement was not obligatory upon Maine, but she acqui¬
esced in it, out of deference to the urgently expressed wishes
of the federal authorities, until 1839, when the spoliations of
her timber had become so flagrant and enormous, that she was
obliged to re-assert her jurisdiction to the extent of protecting
her property from plunder. But in the mean time site had
sustained losses of timber, not susceptible of precise determina¬
tion, but beyond all question, immense in amount. For these
losses, the nation is responsible, as they resulted from an
arrangement made by national authority and for national ob¬
jects. Congress has recognized this responsibility, by an act
passed July 12, 1862, indemnifying the private proprietors of
two tracts of land within the disputed territory for exactly
similar losses. This act had been most carefully considered
by eight committees of the Senate and House, and their reports
may fairly be considered as settling the principles involved in
this case, leaving no question to be determined, except that of
the amount of the indemnity which is due to Maine and Massa¬
chusetts.
These claims are founded in equity and justice, as indemni-
. fication for positive and undeniable injuries. The value and
16
importance of the benefit to be derived from the proposed
application of them, together with the absolute right of the
demand, is strong inducement to the Congress now in session
to allow them.*
BANGOR CITY LOAN.
The city of Bangor has loaned its credit to this Company to
the amount of one million dollars (11,000,000). This loan is
secured by a mortgage of the property between Bangor and
Winn, half of the road, together with the franchise and the
rolling stock; but does not include the remaining half to the
boundary line, nor the lands granted by the State.f
The bonds of the city, for the sum of two hundred and fifty
thousand dollars, have been issued and delivered to the com¬
pany, and the remainder will be issued in instalments, as pro¬
vided in the act of legislature authorizing the loan 4
The road, as far as it is built, has been declared, by the City
Government of Bangor, to be, in all respects, a first-class rail¬
way. § In order to enable the Company to complete and equip
its railway in the same solid and perfect manner, a loan from
the public is asked, secured by the following
BOND AND MORTGAGE.
This Indenture, made this first day of March, in the year of
our Lord eighteen hundred and sixty-nine, between the Euro¬
pean and North American Railway Company, a corporation
duly established by the laws of the State of Maine, the party
of the first part; and J. Edgar Thomson, of Philadelphia, in
the Commonwealth of Pennsylvania, and Hannibal Hamlin,
of Bangor, in said State of Maine, the parties of the second
part:
Witnesseth, That whereas said party of the first part, pur¬
suant to the statutes of said State, whereby it is incorporated,
is now constructing a railway with all its equipments, and
appurtenances, extending from said Bangor, eastward in said
* Vide Copy of Bill before Congress, Appendix B. p. 81.
t Vide Appendix B. p. 74. f Vide Appendix A. p. 62.
§ Vide Appendix B. p. 75.
17
State to the boundary line thereof, a distance of about one
hundred and twelve miles; there to connect with the western
terminus of the railway of the " European and North Ameri¬
can Railway Company, for extension from Saint John, west¬
ward."
And, whereas, the Governor of said State of Maine, thereto
duly authorized by acts of Legislature, approved the twenty-
fourth day of March, in the year of our Lord eighteen hundred
and sixty-four, and the third day of March, in the year of our
Lord eighteen hundred and sixty-eight, has granted and con¬
veyed to said party of the first part all the timber and lands
belonging to said State, situated upon the waters of the Penob¬
scot and St. John rivers, containing one million acres, more or
less, subject to certain reservations and obligations imposed by
said acts, by deed, dated the thirteenth day of May, in the year
of our Lord eighteen hundred and sixty-eight, and recorded in
the Registry of Deeds for the County of Penobscot, in said
State, Liber 379, Folios 8, 9, 10, and 11.
And whereas the said party of the first part was duly au¬
thorized by act of Legislature, approved the twenty-first day of
February, in the year of our Lord eighteen hundred and sixty-
six, to hold said lands, and to sell and convey the same for the
purpose of raising money for the construction of its railway,
and to convey the same in mortgage to trustees, as security for
bonds or certificates of indebtedness issued for the purpose
aforesaid.
And whereas said party of the first part, in order to procure
means, by a loan, to aid in the construction and equipment of
its said railway, did, at a meeting of the stockholders thereof,
duly notified and held at the office of the Company, in Ex¬
change Street, Bangor, on the twenty-first day of July, a.d.
1868, vote: —
" That the Directors of this Company be, and they are hereby
authorized to issue the bonds of this Company for such an
amount as they may judge proper, not exceeding three million
dollars, payable at such time as they may fix upon, and payable,
principal and interest, in United States currency, or in coin, or
in pounds sterling, and in the city of New York, or the city of
3
18
London, England, as they may find most advantageous to the
Company, and upon such time as they may think proper, not
exceeding forty years from their date, and make a mortgage
upon the lands of the Company, and upon the franchise, rights,
property, and railroad of the Company from Bangor to the
eastern boundary of the State, to secure the payment of said
bonds and the interest thereon."
And, whereas, the Directors of the European and North
American Railway Company, at a meeting of their Board, duly
held at the office of said Company, in Bangor, on the twenty-
third day of January, in the year of our Lord eighteen hun¬
dred and sixty-nine, voted to issue two thousand bonds of one
thousand dollars each, under authority conferred by the stock¬
holders at their meeting of July 21, a.d. 1868, and that the
said bonds shall be in form, words, and figures as follows: to
wit,—
Secured by a
Mortgage as stated
in body of this bond.
United States
of
America.
State of Maine.
Loan
limited to
$2,000,000.
11,000. $1,000.
The European and North American
Railway Company.
No.
The European and North American Railway Company, incor¬
porated by the State of Maine, acknowledges itself to be
indebted to Hannibal Hamlin, of the city of Bangor, or bearer,
in the sum of one thousand dollars, which sum the said Com¬
pany promises to pay to him, or to the bearer hereof, in United
States gold coin, at par, on the first day of March, in the year
of our Lord eighteen hundred and ninety-nine (1899), at the
agency of the Company, in the city of New York, or, at the op¬
tion of the holder hereof, to be stamped hereon, and upon each
and every coupon hereto attached, at the time of their issue, at
an agency of said Company, in the city of London, England,
at the current rate of exchange, with interest thereon at the
19
rate of six per centum per annum, payable semi-annually in
gold coin aforesaid, at said agency in New York, free from
United States government tax, or at its said agency in London,
as aforesaid, free from said government tax, 011 the first day of
the months of March and September, in each year, on delivery
of the annexed interest warrants.
This Bond is one of a series of two thousand bonds for one
thousand dollars each, of even date herewith, all equally
secured by a first mortgage of even date herewith, of all the
timber and lands conveyed to said Company, by the State of
Maine, and of its railway and all its rights, franchises, ease¬
ments, personal property, equipments, and appurtenances, now
possessed or to be hereafter acquired, duly made, executed,
delivered, and recorded by said Company in pursuance of the
laws of Maine, to J. Edgar Thomson and Hannibal Hamlin
and their successors, lawfully appointed in trust, to secure the
full and final payment, without preference, priority, or destinc-
tion, of the said two thousand bonds, and the interest thereon,
all of which by reference thereto will more fully appear, sub¬
ject, however, to a mortgage to the city of Bangor, 011 fifty-five
miles of said railway; viz., from Bangor to Winn, dated Jan.
20th, a.d. 1869, to secure a loan of one million of dollars from
said city to said Company, as authorized by an act of the Leg¬
islature of Maine, approved Feb. 24th, a.d. 1868.
The holder hereof, equally with the holder of each of said
bonds, is entitled to all the security and benefits to be derived
by or from said mortgage, including the benefit to be derived
from a sinking fund, to be formed from the sale of the real
estate and lands above named, conveyed to said Company by
said State of Maine, as provided in said mortgage Deed of
Trust.
This Bond will also be receivable at par with the accrued
interest thereon, by said Trustees, in payment for the purchase
of any of said real estate and lands at the then existing ap¬
praisement price for the sale of the same. This Bond is not
obligatory on said Company until it is certified by a writing
thereon, signed by one or both of said Trustees, that it is
one of the bonds of the issue above mentioned, and entitled to
20
the security of said mortgage Deed of Trust, and that said
mortgage has been duly executed, delivered, and recorded.
In witness whereof, the said Company has, in due form of
law, made and executed these presents, by causing its common
(corporate) seal to be hereto affixed, and these presents to be
signed by its President and Treasurer, and it has caused its
interest warrants hereto annexed to be duly made and signed
for and in its behalf, by its Treasurer, this first day of March,
a.d. 1869.
President.
Treasurer.
[seal]
" I do hereby certify that this bond is one of the series of
two thousand bonds, all of the same amount, tenor and date ;
and is entitled to the security of said Mortgage Deed of Trust,
as in said bond specified ; and that said mortgage deed of trust
to secure the same, has been duly made and delivered to me,
one of the trustees therein named, by said railway company,
and has been recorded in the registries of deeds for the counties
of Penobscot, Washington, Aroostook and Somerset, of the
State of Maine.
Trustee.
830. £6.
" The European and North American Railway Company
will pay the bearer Thirty Dollars, in coin, at its agency, in
the city of New York, or six pounds sterling at its agency
in the city of London, according to the stamp hereon, on the
first day of A.D. 18 .
Six months' interest on their bond, No.
Treasurer.
And, whereas, said party of the first part, by its board of
directors, has caused to be made, executed, and prepared for
sale and delivery, two thousand bonds, each for the payment
of one thousand dollars, dated, maturing, bearing interest and
payable as above specified, and has determined to secure the
payment of the same, together with the interest thereon, by a
mortgage of said timber and lands, rights, franchises, railroad
21
and property as above stated, and that said bonds shall be
equally secured by said mortgage, without preference, priority,
or distinction, and without regard to the time or times of their
actual sale or delivery.
Now, therefore, the said party of the first part, in order to
secure the payment of the principal and interest of said two
thousand bonds, issued or to be issued as hereinbefore pro¬
vided, and in consideration of the premises, and of one dollar
to it paid by said parties of the second part, the receipt whereof
is hereby acknowledged, has granted, bargained, sold, conveyed,
and transferred, and by these presents, does grant, bargain, sell,
convey and transfer unto said parties of the second part, their
successor or successors in the trusts herein created all the real
estate, lands and timber thereon standing, situated 011 the
waters of the Penobscot and St. John rivers, containing a mil¬
lion of acres, more or less, conveyed, as hereinbefore men¬
tioned, to said party of the first part by the State of Maine, by
deed of the Governor, dated and recorded as aforesaid, subject,
nevertheless, to the exceptions, reservations and obligations
imposed by the acts of the legislature of Maine, hereinbefore
named and referred to, as stated in said deed. And, also, all
its right, title and interest in and to, all and singular, its
property, real and personal, of whatsoever nature and descrip¬
tion, now possessed, or to be hereafter acquired; including its
railway, equipments and appurtenances; all its rights, privi¬
leges, franchises and easements ; all buildings used in connec¬
tion with said railway or the business thereof, and all lands and
grounds 011 which the same may stand or connected therewith ;
also, all locomotives, tenders, cars, rolling stock, machinery,
tools, implements, fuel materials, and all other equipments for
the constructing, maintaining, operating, repairing and re¬
placing the said railway or its appurtenances, or any part
thereof. Saving and reserving, however, from the operation of
this deed, the railway of said company from Bangor to Winn,
an extent of about fifty-five miles; and, also, such of the roll¬
ing stock and personal property, above named, as shall be
necessary to operate said fifty-five miles of railroad, together
with the rights, privileges, and franchises connected therewith,
22
the same having been mortgaged by said company under date
of January 20th, A.D. 1869, to the city of Bangor, to secure
a loan of its bonds to said company to the amount of one
million of dollars ; meaning, however, hereby to convey all
rights of redemption which said company now have, or may
hereafter have, in the property reserved as above, and now cov¬
ered by the mortgage to the city of Bangor, described above.
To have and to hold the aforegranted premises, with all the
rights, privileges, easements and appurtenances thereto belong¬
ing, hereby conveyed or intended to be conveyed, to the said
parties of the second part, their successors, in the trusts hereof,
and their heirs and assigns, to their use and behoof, but only
upon the trusts hereinafter set forth.
First. It is hereby agreed, that upon the execution of these
presents, the said parties of the second part shall appoint a
Superintendent, to control and manage the real estate and
lands conveyed to said party of the first part, by the State of
Maine as aforesaid, in the manner following, viz. :
The appointment of said Superintendent, and all appoint¬
ments of successors, as hereinafter provided, shall be in writ¬
ing, subject to the approval of said party of the first part, and
shall be recorded in the registries of the counties of Penobscot,
Aroostook and Somerset.
Said Trustees, their successor or successors, may, and at the
request in writing of said-pferty of the first part, shall, remove
such Superintendent, and shall appoint a successor in the man¬
ner above provided.
Said Superintendent and his successors shall give good and
sufficient bonds to said Trustees, for the faithful performance
of the duties of the office.
Said duties shall be as follows, viz.:
1st. To cause said real estate and lands to be surveyed and
divided into sections, tracts or lots, as may be deemed expe¬
dient ; and a proper schedule and plan thereof to be made.
2d. To cause true and faithful appraisements of said real
estates and lands to be made by competent appraisers, from
time to time, as may be deemed expedient.
•3d. To make contracts for the sale of, and to sell any and
23
all said real estate and lands, the timber thereon or other
products thereof, either at public or private sale, but in no case
for less than their last appraised value ; and in the name and
behalf of both the parties hereto, to sign such contracts, and
to make, execute and deliver proper deeds of conveyance
thereof; and such Superintendent is hereby constituted the
agent of the said parties hereto, in their names and their
behalf, to make such contracts, and execute and deliver such
deeds of conveyance ; but 110 deed of conveyance shall be de¬
livered to any purchaser until the amount of the purchase
money shall have been paid in full.
Said Superintendent shall, at the election of the purchaser,
receive any of the bonds secured by this mortgage as aforesaid,
at par with the accrued interest thereon, in payment for the
purchase of any of said real estate and lands, at the then exist¬
ing appraisement price for the sale of the same.
4th. To record in full, all contracts and all sales of land
made, and all deeds of conveyance delivered, as aforsaid, in
books kept for that purpose.
All moneys received by said Superintendent, from the sale of
lands, as aforesaid, after deducting therefrom, all the charges
and expenses pertaining thereto, together with all moneys re¬
ceived from said party of the first part, as hereinafter provided,
shall be paid into a sinking fund, and appropriated and applied
as follows: —
All moneys, paid into the sinking fund, shall, on the receipt
thereof, be deposited in some safe National bank, to the credit
of said Trustees.
All moneys in said sinking fund, shall, from time to time, be
applied to the purchase of the bonds secured by this mortgage,
at their lowest market price, when such price does not exceed
the par value of said bonds.
When such price exceeds said par value, said moneys shall
be applied to the purchase of the interest bonds of the United
States, and any State or municipal bonds, approved by said
Trustees, but none other.
When said mortgage bonds, or any of them, can be purchased
for a sum not exceeding the par value thereof, said trustees
24
may from time to time, as they deem expedient, dispose of any
bonds, other than said mortgage bonds, purchased as aforesaid,
and apply the proceeds thereof to the purchase of such mort¬
gage bonds. The interest money of all bonds purchased or
received as aforesaid shall be collected and paid into said
sinking fund.
All moneys in said fund shall be invested as above provided
without unnecessary delay, and at no time shall the amount
uninvested exceed five thousand dollars, save and except when
a sum exceeding live thousand dollars shall be paid into said
fund at one and the same time.
All securities in which said sinking fund shall from time to
time be invested, shall be and remain in the custody of said
superintendent, and he shall be responsible for the same.
All such mortgage bonds shall, upon their purchase or re¬
ceipt as aforesaid, be stamped, " Sinking Fund," and regis¬
tered by said party of the first part as hereinafter provided;
but they shall not be cancelled.
All moneys in said fund shall be appropriated and applied
as aforesaid until all the said two thousand bonds shall have
been stamped "Sinking Fund" as aforesaid, or have been
otherwise paid.
When all of said two thousand bonds have been so stamped
or paid, and all the interest warrants thereto belonging, have
been detached therefrom and paid, said bonds belonging to said
sinking fund shall be cancelled by said tx-ustees, and delivered
to the said party of the first part but not till then. The said
party of the first part by its board of directors shall at all
times have the right to examine the accounts of said trustees
and of said sinking fund.
Second. It is further agreed, that said party of the first part
shall on the first day of July, a.d. 1879, and annually 011 the
first day of each succeeding July, pay to said Trustees for said
sinking fund a sum of money equal to one per cent of the
amount of said bonds which shall have been issued and are at
that time outstanding.
Third. It is further agreed that in case said pai'ty of the
first part shall fail to pay the principal or any part thereof,
25
or the interest or any part thereof, of any of said bonds,
when the same shall be demanded after the same shall
have become due and payable, then at any time after six
months from the time of such demand and default, and
while such default continues, said parties of the second
part, and their successors in the trusts hereof, may either
in person or by their attorney or agent, duly appointed for
that purpose, enter into and take possession of all or any
part of said premises herein conveyed, and have, use, operate
and control the same, and collect and receive the rents, issues,
tolls and profits thereof, making from time to time, all needful
repairs, alterations and additions thereto. And said Trustees,
after deducting the reasonable and proper charges and expenses
of operating and managing the said railway and of said repairs,
alterations and additions, as well as a reasonable compensation
for their own services, shall apply the proceeds thereof to the
payment of all the interest warrants on said bonds then due
and unpaid, in the order of their maturity ; and shall hold and
apply the balance, if any, to the purposes of their trust.
Fourth. It is further agreed that in case said default is
made and continues as aforesaid, the said parties of the second
part and their successors, may, and upon the request in writ¬
ing of the holders of one-fifth in amount of the said bonds then
due and unpaid, shall, after at least thirty days' notice thereof
in writing to the party of the first part, cause the said property
herein conveyed or intended to be conveyed, to be sold at pub¬
lic auction in the said city of Bangor ; first giving notice of the
time, place and cause of such sale, together with a specific
description of the property to be sold by publication, at least
six months previous thereto, in at least five newspapers, pub¬
lished, one in New York, one in Boston, one in Bangor, one in
St. John, and one in London.
Said Trustees may adjourn such sale from time to time, first
giving due notice of any such adjournment; but it is expressly
agreed that said Trustees shall first cause the real estate and
lands, or so much thereof as shall be sufficient to pay and dis¬
charge the principal and interest of all such bonds as may then
be due and unpaid, to be sold in parcels ; and if the proceeds of
4
26
such sale, after deducting therefrom, the reasonable and proper
charges thereof, are insufficient for the purpose aforesaid, then,
said Trustees shall cause the said railway, its rights, franchises,
easements, equipments, appurtenances and all other estate
herein conveyed, to be sold as aforesaid, and shall make, exe¬
cute and deliver to the purchaser or purchasers thereof, good
and sufficient deed or deeds of conveyance in fee-simple of the
same, which shall be a bar at law, and in equity against said
party of the first part, and against all persons claiming by,
through and under said party of the first part, of all right,
title, interest and claims, in and to said property or any part
thereof, so sold and conveyed.
And said Trustees, shall, after deducting the reasonable and
proper charges and expenses of such sales, and of managing
and operating said property, as well as a reasonable compensa¬
tion for their own services, apply so much of the proceeds of
such sales as may be necessary, first, to the payment of the in¬
terest warrants on said bonds then due and unpaid, in the
order of their maturity, and then to the payment of the princi¬
pal of said bonds then remaining due and unpaid, pro rata, if
there is not an amount sufficient to pay the whole, and shall
pay over the balance, if any, to said party of the first part.
It is hereby declared, that the receipt of said Trustees or
either of them, shall be a sufficient discharge to the purchaser
or purchasers of any of said property, for the purchase money,
and such purchase or purchasers shall in no wise be answer¬
able for the application of money so paid.
Fifth. It is further agreed that said parties of the second
part and their successors in said Trust, may, at any sale as
aforesaid of any property herein conveyed, bid for and pur¬
chase, or cause to be bid for and purchased, the property so
sold or any part thereof, in behalf of the holders of the bonds
secured by this mortgage then outstanding, at a reasonable
price if only a part of said property is sold ; but if the whole of
said property is sold, at a price not exceeding the whole
amount of said bonds outstanding, with the accrued interest
thereon.
Sixth. It is further agreed that in case default shall be
27
made in the payment of any half year's interest 011 any of the
aforesaid bonds, according to the tenor of the interest warrants
annexed thereto, and if such default shall continue for the
period of twelve months after such interest warrants shall have
become due, and the payment thereof shall have been de¬
manded, then the principal of all the bonds secured hereby,
if a majority in interest of all the holders of said bonds direct
in writing, before the interest so in arrears has been paid, shall
be declared by the said parties of the second part to be im¬
mediately due and payable, and thereupon the same shall
become due and payable, any thing contained in the said bonds
or herein to the contrary notwithstanding.
Seventh. It is hereby agreed that said party of the first part
shall, until breach of condition of this mortgage, remain in un¬
disturbed possession of the premises hereby conveyed, and
nothing herein contained shall be so construed as to prevent
the said party of the first part from exercising full manage¬
ment and control of the said railway, its equipments and ap¬
purtenances as aforesaid. And said party of the first part
may, in its discretion, sell, exchange, or otherwise dispose of,
any or all buildings, lands, and grounds used in connection
with said railway, or the business thereof; and also any loco¬
motives, tenders, cars, rolling stock, machinery, tools, imple¬
ments, fuel, and materials, and all other personal property
which may become impaired by use or require renewal, and
convey the same free and clear of all lien of this mortgage, —
but all property of whatsoever kind, whether real or personal,
obtained in place of property sold or disposed of as aforesaid,
or otherwise acquired hereafter by said party of the first part,
shall be and become subject to, and bound by the lien of this
mortgage, as if the same was now owned by it, and especially
described and mentioned herein.
Eighth. It is further agreed, that the said party of the first
part shall, at the request of said trustees, execute and deliver
such further deeds of conveyance of all the property now pos¬
sessed, or to be hereafter acquired, by said party of the first
part, herein conveyed or intended to be conveyed, and upon
28
the trusts herein set forth, as may be necessary for the better
security of said bonds.
Ninth. It is further agreed, that the said party of the first
part shall provide suitable books for the registration of any
or all said bonds. Bonds shall be registered therein at the
request of the holder thereof, and an indorsement of such
registry, made thereon by the clerk of said party of the first
part; and thereafter, such registered bond shall only be trans¬
ferable by the order of the person in whose name the same
is registered, until the same shall have been released on the
register.
Tenth. It is further agreed that said trustees shall be ac¬
countable only for their personal default or wilful neglect, and
not for the neglect or default of each other or of their agents,
appointed with due discretion.
Said trustees shall be entitled to receive a reasonable and
proper compensation for the performance of the duties of the
trusts herein set forth.
Eleventh. It is hereby agreed, that either of said trustees
may resign. Such resignation to take effect sixty days after
notice thereof in writing to said party of the first part, and to
his co-trustee.
In case of the death, mental incapacity, or resignation of
either of said trustees, for the time being, in the trusts herein
set forth, all the estate, right, interest, power and control of
such trustee shall be divested and cease. And the supreme
judicial court of said State of Maine shall, upon the request in
writing of one or more of said bondholders, or of the directors
of said party of the first part appoint such successor.
During such vacancy, and immediately upon such death,
mental incapacity or resignation, the whole and sole execution
of said trust, and all the estate, rights, authority, and powers
by these presents, vested in both of said persons, shall vest,
devolve upon, and be held and exercised by the remaining
trustee, in every respect and in all cases whatsoever.
Provided, however, and this deed is on the condition, that
if the said railway company shall well and truly keep and per-
29
form all its promises and agreements hereinbefore contained,
then this deed shall be null and void, otherwise shall remain
in full force and effect.
In testimony whereof, the said European and North Ameri¬
can Railway Company, the party of the first part, has caused
its corporate seal to be hereto affixed, and these presents to be
signed by its president thereto duly authorized. And the said
J. Edgar Thomson and Hannibal Hamlin, the parties of the
second part, in token of their acceptance of the trusts herein
created and granted to them, have hereunto set their hands
and seals, the day and year first above written.
The European and North American Railway Company,
By G. K. Jewett, President. [Seal.]
J. Edgar Thomson. [Seal.]
Hannibal Hamlin. [Seal.]
Certificate of Governor.
State of Maine,
Augusta, March 3, 1869.
I have examined the foregoing mortgage, and hereby approve
the same.
Joshua L. Chamberlain,
Governor of Maine.
Registrar's Certificate.
State of Maine, Penobscot, ss. Registry of Deeds.
h. m.
Received March 6, 1869, 10 15 a.m., and recorded in vol.
386, p. 380-893.
Attest: Amos E. Hardy, Register.
30
VI.
THE REASONS WHY THIS ROAD WILL PAY.
1st. Two links only in the great chain of connecting railway
between Halifax, Nova Scotia, and all the principal cities in the
North and West of the United States, remain unforged. One
is the railway between Truro and Dorchester. This is about
sixty-five miles in length. It is a part of the intercolonial line
between Halifax and Quebec, and provisions for building it
have been made by the Dominion of Canada. The other is
the European and North American Railway. This will connect
St. John, New Brunswick, with Bangor, in Maine, and will be
finished and in operation the first day of October, 18G9, ex¬
cepting the distance between Winn and the St. Croix River,
about fifty-six miles.
The completion of these two lines of railway will shorten the
time between New York and Liverpool by at least thirty hours,
or two business days.
The great saving of time will insure to this railway a large
proportion of European and Provincial through travel. Since
the incorporation of this company in 1850, the number of
weekly transatlantic steamers has increased from two to ten.
There arc now nine regularly organized lines, owning fifty-two
steamships, of the aggregate tonnage of 126,240 tons. Upon
the completion of the line of railway to Halifax transatlantic
steamers will touch there, as at Southampton and Brest.
The Director of the Bureau of Statistics on the imports of
the United States, in his Report, transmitted to the Secretary
of the Treasury, May, 1868, under the title of " Passengers
not Immigrants into the United States during the Eight Fis¬
cal Years from July 1, 1859, to June 30, 1867," enumerates
251,227 : an average of about thirty thousand a year ; and in
fact, during each of the last two years, he enumerates over
40,000. The actual immigrants during the same time, num¬
bered 1,488,568. It fairly may be expected that increased
31
facility and speed will increase the travel; while it can only
be conjectured what proportion will pass over this road.
The Report also states the tonnage during the same pe¬
riod that entered from the British North American posses¬
sions to be 22,040,008; and that cleared to the same to be
22,508,206 tons. It places the import trade of the United
States with the British North American possessions, for the
year 1867, third in the order of importance, and values it at
$33,600,000, specie. Much more of this than can with any cer¬
tainty be enumerated will seek transportation by the railway.
This is the only railway connecting the United States and
the British Provinces, south of the St. Lawrence River, and
will become the main channel of communication and exchange
between them. At present, the travel by steamer between Hali¬
fax, St. John, Portland, and Boston, during nine months of
the year, is estimated at seven hundred passengers each way
per week ; the greater part of this travel will naturally seek the
more certain and speedy transportation by rail.
The European and Provincial mails will be carried by this
line. A large proportion of costly light goods, such as high-
priced teas, silks, porcelain, drugs, spices, etc., now take an
American route* from China and Japan, the distance being
5000 miles shorter than by any other. These freights will
come over the Pacific Railroad, en route to Europe, and will
pass over this line to Halifax as the nearest port; other
through freights may be reasonably expected.
A revenue from through transportation may therefore be
relied on, from three distinct sources ; viz.: —
(1) Americo-European and Provincial, and European-East
Indian Travel.
(2) Americo-European and Provincial, and European-East
Indian Mails.
(3) Americo-European and Provincial, and European-East
Indian Freights.
* Via Panama.
32
2"- There are two lines of railroad running east from Portland,
each one hundred and ten miles in length. One, the Maine
Central, terminates at Bangor. The other, the Portland and
Kennebec, crosses the former fifty miles west from Bangor, and
terminates at Skowhegan. These roads, located within twenty
miles of each other, arc for a long distance parallel, drain
nearly the same country, and run in competition.
Their gross earnings for the year ending December 31st,
1868, amounted to between eleven and twelve hundred thousand
dollars.*
The number of through passengers between Bangor and
Boston annually carried over the Maine Central Railroad, in
the five years from 1862 to 1867, has increased 70.1 per cent.
The average yearly increase in the earnings of the road during
the same period has been 25 per cent. These roads are sup¬
ported by local business.
The European and North American Railway is also one
hundred and ten miles in length in Maine. It connects with
the Maine Central at Bangor, and all business from the Maine
Central and the Portland and Kennebec must pass over its
road to any destination east of Bangor. The advantages of
the E. & N. A. R. Co. over these others, both of which are pay¬
ing roads, are, that while it is as well located for way business
as either, it has a through traffic of inestimable value, and is
without competition.
The first road east of Bangor tributary to this railway is the
Bangor and Piscataquis Railroad. This road will be forty
miles in length, is now in process of construction, and will be
completed in the summer of 1869. It connects with the E. &
N. A. R. thirteen miles above Bangor, on the Penobscot River,
and the region into which it runs is very fertile, and abounds
in timber and mineral deposit. All business on this road seek¬
ing the seaboard and the centres of trade and manufacture
must pass over this trunk line.
The citizens of Aroostook County have a bill now pending
* The entire line from Bangor to St. John is, in length, equal to the sum of
these two, or two hundred miles, and is expected to earn as much.
33
before the legislature of Maine, asking the grant of a charter
for a railroad, from some point 011 the E. & N. A. Railway,
about sixty miles above Bangor, into that region of unsurpassed
fertility, mineral wealth, and timber land. When built, it will
become a generous feeder to the main line.
The New Brunswick and Canada Railroad will intersect one
hundred and fifteen miles from Bangor, and eighty-three from
St. John. It affords railway communication with Woodstock
and Houlton, fifty miles north of the point of intersection; and
Calais and St. Stephens, thirty-eight miles, and St. Andrews,
its terminus, forty-three miles south of the intersection.
The Fredericton Branch Railway, twenty miles in length,
will connect Fredericton, the capital of New Brunswick, with
the trunk line, forty-two miles west from St. John.
The Inter-Colonial Railway, which runs nearly a hundred
miles into the Miramachi country, intersects the E. & N. A. R.
at Moncton. This makes a direct connection between that
region and St. John, and forms a channel to supply the United
States' markets with the products of the great salmon fisheries.
The railroad completed last year between Truro and Pictou
unites the coal regions of the north shore of Nova Scotia with
the New England States over the E. A N. A. R.
3d- There are three steamers a week between Bangor and
Boston, and the same number belonging to a different line to
Portland. These steamers carry on an average one hundred
passengers, each way, every trip.
The E. &. N. A. R. will connect at the city of St. John with
steamers crossing the Bay of Fundy to the western coast of
Nova Scotia, and the Annapolis valley ; and with those plying
in the river St. John and its tributaries; at Shediac, with
steamers to the northern parts of New Brunswick, Nova Scotia,
and to Cape Breton and Prince Edwards Island ; at Halifax
with steamers to Newfoundland, The Bermudas, Great Britain,
and the Continent of Europe.
5
34
4th- The population of New England is now over three
millions, and is constantly increasing. That of the maritime
Provinces is about one million.
All the land travel between these two sections of country
must pass over this trunk line: many cities and large towns on
the line of the road, or its connections, are in immediate need
of this railway.
The city of Bangor has a population of about twenty thou¬
sand, which is fast increasing. It is situated at the head of
navigation 011 the Penobscot river; it is a centre of lumber and
manufactures; its inhabitants are active and enterprising,
and it is growing rapidly in wealth. Daily passenger stages
connect it with Belfast, Castine, Ellsworth, Bncksport, Winter-
port, Monroe, Corinth, Augusta, Houlton, and two dailies to
Calais. It is the market centre of an immense and well popu¬
lated district. The city of St. John, with its suburbs, contains
a population of over forty thousand ; it is situated at the mouth
of the biggest river east of the Mississippi, — four hundred and
fifty miles long, which with its branches, furnishes one thou¬
sand three hundred miles of navigable waters, and drains
seventeen millions of acres.
The city of Fredericton, on the St. John river, eighty miles
from its mouth, is the commercial centre of a population of
nearly fifty thousand.
Woodstock, an important town on the St. John river, one
hundred and fifty-five miles from its mouth, is the business
centre of another large portion of New Brunswick. This dis¬
trict comprises two of the wealthiest counties of that Province,
and has a population of over thirty thousand, as before stated ;
and will be directly connected by rail with the European and
North American Railway.
Houlton, a short distance from Woodstock, is the county-
town of Aroostook. The area of this county is about five
thousand square miles; it is arable, heavily timbered, and
abounds in mineral and other natural wealth.
Calais is a large and growing town of prosperity and indus¬
try; and St. Stephens, on the opposite bank of the river St.
35
Croix, and St. Andrews, at its mouth, are flourishing centres
of the business of a large district.
In addition to these business centres, the railway, for sixty
miles out of Bangor, runs through ten towns 011 the banks of
the Penobscot. These river-towns, all industrious, thrifty, and
well populated, will more than support this portion of the
road.
One hundred and forty-eight thousand and fifteen (148,015)
acres of public land were taken and bought for settlement dur¬
ing the year 1866, in Maine. I11 Aroostook county alone, there
are 2,739,425 acres of wild lands.
The amount of lumber surveyed in Bangor alone was, in
1867, 206,488,358 feet; and in 1868, 220,794,766 feet. Be¬
tween two and three hundred million feet are sawn 011 the
Penobscot river, above Bangor, every year.
In considering the various sources of revenue, no distinction
has been made between local and through traffic.
The returns from the portion of the road already in operation
show that demand for quicker and increased means of trans¬
portation has been long needed.
The cities and towns just enumerated are destined to become
seats of large and numerous manufactories. The produce and
manufactures of the district traversed, as well as all supplies
and merchandise required by the present population, must con¬
tribute to the local business of the road. The local traffic will
increase with the growth of the country, and the easier access
to markets will stimulate that growth. The fertile region of
the Aroostook, opened and developed by these rich agencies,
will, in a few years, vie with that of the West in supplying New
England with wheat and cattle.
In addition to this strictly local traffic, there will be the
business of the tribatory roads, for the European and North
American, will form the only channel of communication be¬
tween these roads and the centres of trade.
This local traffic it is expected will support the road. The
through traffic between the Provinces and the States, a busi¬
ness already requiring many steamers and stage-coaches for its
36
weekly accommodation, and certain to be largely increased by
railway communication, will undoubtedly cause the revenues
from this source to greatly exceed that of other roads of equal
length, as this railway will be free from competition.
5th. The manufactories upon the lino of a railway add largely
to its way travel and business. The location of manufactures
depends upon the nature of the country and the characteristics
of the inhabitants.
The people of Maine have had their full share in rendering
New England famous for its activity, industry, and pros¬
perity.
New England is the great centre of manufactures ; this is
because she holds about two-thirds of the water-power of the
United States; and so long as she can manufacture cheaper
than other sections so long will she maintain her supremacy in
this branch of industry.
The area of Maine is 31,766 square miles, or more than half
that of England ; the basins of her water-power extend over a
surface of more than 20,000 square miles. This water-power,
properly developed, will enable her to equal in the amount and
value of her manufactures any territory of the same size in the
world.
Steam cannot compete with water in manufacturing, where
the supply is constant, on account of the great additional ex¬
pense ; viz., about twenty cents per day per horse-power.
Six million dollars was saved in cost of manufacturing cotton
goods alone in New England in 1860, by the use of water-power
in the place of steam.
Economy of power is one condition on which the location of
manufactures will depend. Maine has more water-power than
all the rest of New England. Another condition of location is
economical connection with other manufactories.
The manufactures of New England are more varied and of
greater value than those of the other States. New manufae-
37
tories will seek a location near the old ones, where the neces¬
sary machinery can be procured at the cheapest rates, and
advantageous connections he formed.
From the centre of the water-power of Maine, manufactured
articles will go East to foreign markets, and South and West
to the home and South American markets, over the line of the
European and North American Railway.
From the " Report of the Commissioners of the Hydro-
graphic Survey, of the State of Maine, 1867," the following
extracts are made : —
" The extraordinary amount of available water-power found
within the limits of Maine, exceeding unquestionably that of
any other portion of the earth's surface of equal extent, is the
result of its peculiar physical configuration, and its geological
structure. . . . Among the remarkable facts in the physical feat¬
ures of the State is the proximity of the upper waters of Moose-
head Lake to those of the west branch of the Penobscot, and
the vast economical results which may flow out of this state
of things. It is comparatively easy to turn the Penobscot
River into Moosehead Lake at the north-west carry, and equally
easy to draw off the lake into the Penobscot River at the north¬
east carry, and by raising suitable dams at the outlet of the
lake, to retain a volume of water adequate to meet the require¬
ments of business in the lowest droughts of the summer."
Page 23.
" The Penobscot basin (is) estimated to contain 8,200 square
miles, or 5,248,000 acres." Page 26.
6"1- The State is not unmindful of the public benefit to be
derived from the early completion of this enterprise, and is
desirous of furthering its interests; this is shown by the fol¬
lowing quotations from recent Reports, and the messages of
the Governor: —
38
The Report of the Land Agent of the State of Maine, to the
Governor and Council, dated December 1, 1866.
" Fortunately, however, by individual effort, continued with
the assurance given by the Legislature of our State in 1864,
and measures now pending in Congress, there is about to open
a new era to our people, by furnishing railway facilities to the
towns of Winn and Mattawamkeag on the Penobscot River ;
and the magnitude of this enterprise must be more than realized
in its effects upon industrial pursuits in all the territory lying
north and east of the termini at these towns."
Extracts from Governor Chamberlain's Address to the Legislature
of the State of Maine, January, 1867.
..." I beg leave in this connection, to add another sugges¬
tion in regard to bringing the extraordinary resources of this
State to the knowledge of the public. Few of our own citizens,
probably, are aware how abundant and accessible is the water-
power of Maine. Still less is this known by capitalists abroad.
. . . The great European and North American Railway has
already received tokens of your favor, as well as the generous
aid of Massachusetts, and the respectful attention of Congress.
It deserves not only our admiration, but our continued and
active support. This enterprise ... so important to the
interests of the eastern portion of our State, and to our most
central city, traversing the Acadian peninsula, and bringing the
Old World two days nearer to the New, is destined, Ac., Ac.
I am happy to say that the first day of the new year witnessed
the beginning of active operations on this road. The State
must see to it that this great enterprise does not languish."
Extract from Governor's Address of January, 1868.
" The European and North American Railway is one of our
great interests. This is already admitted and practically recog¬
nized by conditional grants of aid. But without as yet receiv-
39
ing any advantage from this, the road has still gone on. By
great personal exertions the directors and contractors have put
the road in running order to Orono, and are vigorously pushing
on towards Winn, sixty miles above Bangor, straight towards
our Aroostook country, and flanking our rich Piscataquis
region. This enterprise has dragged somewhat on our side
the line. But not so with our spirited and generous neighbors
of the maritime Provinces. With large comprehension of the
times, and far-sighted vision of the future, they have addressed
themselves with earnestness and self-reliance to the opening of
this road.
" The Provisional Government has given to the road outright
$10,000 a mile, and 110 less than $10,000,000 have already been
expended and pledged upon the construction of the main line
from Halifax to St. John. Indeed, nearly the whole of the
provincial end of the line is now finished, or in rapid process
of completion. It remains for us to insure the building of the
short distance of fifty miles from Winn to the boundary.
" The favorable intention of the legislation of 1864, towards
this road, has not yet been made effective, owing to the unwill¬
ingness of Massachusetts to relinquish the debt of the State of
Maine, which is, in a sense, a lien upon the lands conditionally
granted the road. The company is now bending all its ener¬
gies upon completing the road to Winn, and it is embarrassing
for them to assume even so small a liability as $150,000 to
satisfy this claim. It may be asked of us to remove this en¬
cumbrance, so that they can have a clear right to base their
bonds upon these lands and the franchise of the road. Nor do
I see any serious objection to this. It might seem hard just
now to take up even this small sum; but the truth is, we can¬
not afford to wait. The lands, at present, from the very absence
of railroad facilities, would not command a very high price in
market; but if made available to the road, they would be of great
immediate advantage to it, and would in a short time amply
reimburse the State, in the increase of taxable property. As it is,
both lands and road languish. Start the road and both come
into activity at once; and perhaps this is the most expeditious
way to make these lands available to the State in money. If
40
we grant our aid, it is thought that the close of 1869 will see
Halifax, Bangor, Portland and Boston connected by rail. Open
the road now that the Cunard steamers are withdrawn from
Boston, and the great current of transatlantic travel will cross
our State."
Extracts from Governor''s Address of January, 1869.
" The long pending claim of the State against the United
States for indemnity for lands assigned to settlers on the late
disputed territory under the provisions of the fourth article
of the Treaty of Washington, having been met by an act of
Congress at its last session, I was advised by the Executive
Council — which by Resolves of 1854 and 1861, appears to
have plenary powers in the matter — to enter into agreement
with the authorities of the United States to grant releases of
the title of the State in the lots to which possessory claims had
been laid by settlers and confirmed by Commissioners appointed
for that purpose, in order that the money authorized for this
indemnification might be received. This was done. The land
agent entered upon the work of finally establishing the titles of
the settlers, and the money, amounting to $113,906.25, was
paid to me, and deposited in the Treasury. This claim, as
well as the similar one of Massachusetts, had been assigned to
the European and North American Railway Company ; and
Governor Bullock paid the share of Massachusetts, amounting
to $32,687.50, to me in trust for the Company. This was at
once paid over to them through the State treasurer. . . .
There is available water-power in this State to the amount
of upwards of a million horse-powers — a power equal to that
of 15,000,000 of men. No one can fail to see that the seat of
manufactures of New England is yet to be within the limits
of this State. When we consider that in Massachusetts and
Rhode Island, water-power is worth from $150 to $400 per
horse-power, and rents in some places for $70 per annum for
each horse-power, we see how immediate and great a source of
wealth lies in this single item of our natural resources."
41
" STATE OP MAINE.
" Executive Department,
Augusta, January 23, 1869.
" To the Senate and House of Representatives :
" I have the honor to transmit herewith the Report of the Rail¬
road Commissioners for 1868. The suggestions looking to the
more effective supervision of our railroads, and especially those
relating to the enlargement of the powers of the Commissioners,
appear to me highly important.
" J. L. Chamberlain."
(extract from the report.)
" European and North American Railway.
" Under charter from the State of Maine this road will extend
to the boundary line of New Brunswick, about 108 miles ;
thence under Provincial charters, and by the same corporate
name, to the city of St. John, about 88 miles ; and thence to
Halifax, 262 miles — thus making the distance by rail from
Bangor to Halifax 458 miles, and from Halifax to Boston 706
miles, and to New York 940 miles. The distance by water
from New York to Halifax is 700 miles, and would ordinarily
be made by steamer in 70 hours — the time by rail would ordi¬
narily be made in 30 hours. This difference of 40 hours in
favor of the railway will in time tend largely to direct the
transatlantic travel to the land route.
" The road is completed to Milford, and is well made. The
rails are English iron and of the fish-plate pattern, and are laid
as far as Olamon, 26 miles, to which point one of the daily
trains to Milford runs once a day. It connects with the Maine
Central at Bangor, and crosses the mouth of the ^enduskeag
upon a well-built Howe-truss bridge. The expensive bridges
at Stillwater and Oldtown appear to be strong and permanent
structures. The road is graded to Lincoln, and ties all distrib¬
uted ready to be placed in position as soon as the frost is out
6
42
in the spring, and from Lincoln to Winn the road is under
contract. So that the public may reasonably expect the road
to be completed and fully equipped with rolling stock and depot
and freight buildings from Bangor to Winn by another fall.
" No enterprise has ever, we think, been undertaken in Maine
of more importance to the State. When the embranchment to
Aroostook shall be made, which is only a question of time and
means, it will bring back and secure for the State that which
belongs to it, and keep at home the great future business of a
territory larger than several of the States of the Union. But
it is of more than State importance. It will be international in
its benefits. The Provincial Road from St. John is to meet it
at the boundary. And there will then be a continuous railway
communication between the business centre of the maritime
Provinces and the commercial emporium of New England. A
greater interchange of friendly relations and commercial values
in the natural products of the one country and the manufac¬
tures of the other will spring up between the two peoples.
Counter currents of friendship and trade will meet upon it and
strike out new sparks of civilization and progress in their
contact."
The facts and extracts recited above clearly demonstrate —
1. That Maine is a State of great undeveloped wealth and
resources.
2. That she is growing, settling her lands, and rapidly de¬
veloping.
3. That the government is alive to her advantages, and de¬
sirous of improving them.
4. That her water-power is unrivalled.
5. That she is destined to become a great manufacturing
State.
6. That the government is disposed to foster and promote
all enterprises which tend to develop the natural resources of
the State.
43
7. That the European and North American Railway will be
built; the local business will support it; and combined with
the through business will insure large annual profits upon the
investment.
GEORGE K. JEWETT, President.
NOAH WOODS, Treasurer.
Androscoggin Railroad.
From Portland, ' miles.
Brunswick (P. & K. P. R. connects).
Lisbon Falls 38
Lisbon 41 £
Crowley's.. 44
Lewiston 49
Sabbattisville 49
Leeds Crossing (M. C. R. R.) 56
Curtis' Corner 61
Leeds Center 63£
No. Leeds 66
Strickland's Ferry 68 J
East Li verm ore 71
Livermore Falls 76
Stages daily to Canton, Peru, and Dixfield.
Jay Bridge 78
No. Jay 82
Stages daily to East Dixfield, So. Carthage, Dixfield
Center, Dixfield, and West Peru.
Wilton 85£
Stage daily for Weld, Chesterville, and No. Chesterville.
Farmington 93
Stage Tuesday and tri-weekly for New Vineyard, New
Portland, and Kingfield; Monday and tri-weekly for
Farmington Falls, New Sharon, Strong, Avon, Phil¬
lips, Madrid, Prescott's, the lakes, Rangely, Industry,
West's Mills, and Stark.
Portland and Oxford Central R. R.
From Portland. miles.
Mechanic Falls, June, of G. T. R., 37
West Minot, 41
East Hebron, 45
Buckfield, 50
Sumner, 55
Canton, 65
,il,
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EXPLANATIONS
» J'l'I'.l.ISHrj) Br G.W. / ('.II.< '01 .TON 8tCo.WirzmUiatSWWIURK
Rail Roads
CommonRoads —
Canals —
State Capital -&
Co vnityTowns © BELFAST
VillagesRO.&c. o N.Paris
IfOVT, FOGG & JiRFKI), RORTJ^iM), MAIN/
SCALE OF MILES
20
Y/trrooh/i
-ding to Act of Corvgr^xs in theYea,rJ055. by JJf. ColtonSz Co. in- the Clerks Offict of the Distrut | Court of the United Stoles tor the ■Souttiern District of New York
LONGITUDE EAST g FROM WASHINGTON. 9 JX
Entered acoort
APPENDIX.
A.
STATE OF MAINE. — IX THE YEAR OF' OUR LORD OXE
THOUSAXD EIGHT HUNDRED AND FIFTY.
AN ACT to incorporate the European and North American Railway
Company.
Be it enacted by the Senate and House of Representatives in legislature
assembled, as follows:
Section 1. Elijah L. Hamlin, Anson G. Chandler, John A. Poor, Moses
L. Appleton, Samuel F. Strickland, Leonard March, Wyman B. S. Moor,
Daniel W. Bradley, George W. Pickering, Waldo T. Pierce, Rufus Dwinel,
Josiah S. Little, James B. Cahoon, Charles Q. Clapp, F. O. J. Smith, John
B. Brown, John Anderson, George F. Shepley, Henry Carter, Thomas J.
D. Fuller, John Stickney, George M. Chase, George Downes, Noah Smith,
jr., Ichabod R. Chadbourne, Bion Bradbury, James P. Wheeler, James S.
Pike, Stephen R. Hanscom, John N. M. Brewer, and Stephen Emerson,
their associates, successors and assigns, are hereby made and constituted a
body politic and corporate, by the name of the European and North
American Railway Company, and by that name may sue and be sued, plead
and be impleaded, and shall have and enjoy all proper remedies at law and
in equity to secure and protect them in the exercise and use of the rights
and privileges, and in the performance of the duties hereinafter granted and
enjoined, and to prevent all invasion thereof, or interruption in exercising
and performing the same. And the said corporation are hereby authorized
and empowered to locate, construct, and finally complete, alter and keep in
repair a railway, with one or more sets of rails or tracks, with all suitable
bridges, tunnels, viaducts, turnouts, culverts, drains, and all other necessary
appendages, from, the city of Bangor, crossing Penobscott river above! the
Bangor and Brewer bridge, over the most practicable route, in a line to the
city of St. John, in New Brunswick, to the eastern boundary of the State,
so as best to connect there with a railway to be constructed from said city
of St. John to said eastern boundary, under a charter from said province,
with the like name as is used in this charter, as the directors of said cor-
46
poration, in the exercise of their best judgment and discretion, shall judge
most favorable and best calculated to promote the public convenience and
carry into effect the intentions and purposes of this act. And said corpora¬
tion shall be, and hereby are invested with all the powers, privileges and im¬
munities which are or may be necessary to carry into effect the purposes and
objects of this act as herein set forth. And for this purpose said corporation
shall have the right to purchase, or to take and hold so much of the land
and other real estate of private persons and corporations as may be neces¬
sary for the location, construction, and convenient operation of said railroad;
and they shall also have the right to take, remove, and use, for the construc¬
tion and repair of said railroad and appurtenances, any earth, gravel, stone,
timber or other materials, on or from the land so taken : Provided, however,
That said land so taken shall not exceed six rods in width, except where
greater width is necessary for the purpose of excavation or embankment:
And provided, also, That in all cases said corporation shall pay for such
lands, estate or materials so taken and used, such price as they and the
owner or respective owners thereof may mutually agree on; and in case said
parties shall not otherwise agree, then said corporation shall pay such
damages as shall be ascertained and determined by the county commis¬
sioners for the county where such land or other property may be situated,
in the same manner and under the same conditions and limitations as are by
law provided in the case of damages by the laying out of highways. And
the land so taken by said corporation shall be held as lands taken and ap¬
propriated for public highways. And no application to said commissioners
to estimate said damages shall be sustained unless made within three years
from the time of taking such land or other property; and in case such rail¬
road shall pass through any woodlands or forests, the said company shall
have the right to fell and remove any trees standing therein within four
rods from such road, which, by their liability to be blown down, or from
their natural falling, might obstruct or impair said railroad, by paying a just
compensation therefor, to be recovered in the same manner as is provided
for the recovery of other damages in this act. And furthermore, said cor¬
poration shall have all the powers, privileges and immunities, and be subject
to all the duties and liabilities, provided and prescribed, respecting rail¬
roads, in chapter eighty-one of the revised statutes, not inconsistent with
the express provisions of this chapter.
Sect. 2. When said corporation shall take any land, or other estate, as
aforesaid, of any infant, person non compos mentis, or feme covert, whose
husband is under guardianship, the guardian of such infant, or person non
combos mentis, and such feme covert, with the guardian of her husband,
shall have full power and authority to agree and settle with said corporation
for damages or claims for damages by reason of taking such land and estate
aforesaid, and give good and valid releases and discharges therefor.
Sect. 3. The capital stock of said corporation shall consist of not less
than ten thousand nor more than forty thousand shares; and the immediate
government and direction of the affairs of said corporation shall be vested in
47
seven, nine, or thirteen directors, who shall he chosen by the members of
said corporation in the manner hereinafter provided, and shall hold their
offices until others shall have been duly elected and qualified to take their
places, a majority of whom shall form a quorum for the transaction of
business ; and they shall elect one of their number to be president of the
board, who shall also be the president of the corporation; and shall have
authority to choose a clerk, who shall be sworn to the faithful discharge of
his duty; and a treasurer, who shall be sworn, and also give bonds to the
corporation, with sureties to the satisfaction of the directors, in the sum of
not less than fifty thousand dollars for the faithful discharge of his trust.
And for the purpose of receiving subscriptions to the said stock, books shall
be open under the direction of the three persons first named in the first sec¬
tion of this act, at such time as they may determine, in the town of Calais,
and the cities of Augusta, Bangor, and Portland, in this State, and else¬
where as they may appoint, to remain open for ten successive days, of which
time and place of subscription public notice shall be given in some news¬
paper printed in Portland, Augusta, Bangor, and Calais twenty days at least
previous to the opening of such subscription; and in case the amount sub¬
scribed shall exceed forty thousand shares, the same shall be distributed
among all the subscribers, according to such regulations as the persons
having charge of the opening of the subscription books shall prescribe before
the opening of said books. And the three persons first named in the first
section of this act are hereby authorized to call the first meeting of said cor¬
poration, by giving notice in one or more newspapers published in the
town and cities last above named of the time and place, and the purposes
of such meeting, at least twenty days before the time mentioned in such
notice.
Sect. 4. Said corporation shall have power to make, ordain, and establish
all necessary by-laws and regulations, consistent with the constitution and
laws of this State, for their government, and for the due and orderly con¬
ducting of their affairs and the management of their property.
Sect. 5. The president and directors for the time being are hereby
authorized and empowered, by themselves or their agents, to exercise all
the powers herein granted to the corporation, for the purpose of locating,
constructing, and completing said railroad, and for the transportation of
persons, goods, and property of all descriptions, and all such power and
authority for the management of the affairs of the corporation as may be
necessary and proper to carry into effect the objects of this grant; to pur¬
chase and hold, within or without the State, land, materials, engines, and
cars, and other necessary things, in the name of the corporation for the use
of said road, and for the transportation of persons, goods, and property of
all descriptions ; to make such equal assessments from time to time, on all
the shares in said corporation, as they may deem, expedient and necessary
in the execution and the progress of the work, and direct the same to be
paid to the treasurer of the corporation. And the treasurer shall give notice
of all such assessments; and in case any subscriber or stockholder shall
48
neglect to pay any assessment on his share or shares for the space of thirty
days after such notice is given as shall be prescribed by the by-laws of said
corporation, the directors may order the treasurer to sell such share or
shares at public auction, after giving such notice as may be prescribed as
aforesaid, to the highest bidder, and the same shall be transferred to the
purchaser, and such delinquent subscriber or stockholder shall be held ac¬
countable to the corporation for the balance, if his share or shares shall sell
for less than the assessments due thereon, with the interest and cost of sale;
and shall be entitled to the overplus if his share or shares shall sell for more
than the assessments due, with interest and costs of sale: Provided, That
no shareholder in said company shall be in any manner whatever liable for
any debt or demand due by said company, beyond the extent of his, her, or
their shares of the capital stock of said company not paid up; and no assess¬
ment shall be laid upon any shares in said company of a greater amount in
the whole than one hundred dollars.
Sect. 6. A toll is hereby granted and established, for the sole benefit of
said corporation, upon all passengers and property of all descriptions which
may be conveyed or transported by them upon said road, at such rate as
may be agreed upon and established from time to time by the directors of
said corporation. The transportation of persons and property, the con¬
struction of wheels, the form of cars and carriages, the weight of loads, and
all other matters and things in relation to said road, shall be in conformity
with such rules, regulations, and provisions as the directors shall from time
to time prescribe and direct.
Sect. 7. The legislature may authorize any other company or companies
to connect any other railroad or railroads with the railroad of said corpora¬
tion, at any points on the route of said railroad. And this company is
hereby authorized to connect any railways they may construct under this
charter with any other railway existing or to be constructed within this State.
And said corporation shall receive and transport all persons, goods, and
property of all descriptions, which may be carried and transported to the
railroad of said corporation on such other railroads as may be hereafter
authorized to be connected therewith, at the same rates of toll and freight
as may be prescribed by said corporation, so that the rates of freight and
toll on such passengers, goods, and other property as may be received from
such other railroads, so connected with said railroad as aforesaid, shall not
exceed the general x'ates of freight and toll on said railroad received for
freigiit and passengers at any of the depots of said corporation.
Sect. 8. If the said railroad in the course thereof shall cross any private
way, the said corporation shall so construct said railroad as not to obstruct
the safe and convenient use of such private way; and if the said railroad
shall in the course thereof < ross any canal, turnpike, railroad, or other high¬
way, the said railroad shall be so constructed as not to obstruct the safe and
convenient use of such canal, turnpike, or other highway; and the said cor¬
poration shall have power to raise or lower such turnpike, highway, or
private way, so that the said railroad, if necessary, may conveniently pass
49
under or over the same, and erect such gate or gates thereon as may be
necessary for the safety of travellers on said turnpike, railroad, highway, or
private way.
Sect. 9. Said railroad corporation shall constantly maintain in good re¬
pair all bridges, with their abutments and embankments, which they may
construct for the purpose of conducting their railroad over any canal, turn¬
pike, highway or private way, or for conducting such private way or turnpike
over said railroad.
Sect. 10. If said railroads shall in the course thereof cross any tide-waters,
navigable rivers or streams, the said corporation are hereby authorized and
empowered to erect, for the sole and exclusive travel on their said railroad,
a bridge across each of said rivers or streams, or across any such tide-waters :
Provided, Said bridge or bridges shall be so constructed as not unnecessarily
to obstruct or impede the navigation of said waters.
Sect. 11. Said railroad corporation shall erect and maintain substantial,
legal, and sufficient fences on each side of the land taken by them for their
railroad, where the same passes through enclosed or improved lands, or lands
that may hereafter be improved; and for neglect or failure to erect and
maintain such fence, said corporation shall be liable to be indicted in the
district court for the county where such fence shall be insufficient, and to be
fined in such sum as shall be adjudged necessary to repair the same; and
such fine shall be expended for the erection or repair of said fence under
the direction of an agent appointed by said court, as in cases of fines im¬
posed upon towns for deficiency of highways.
Sect. 12. The said corporation shall at all times, when the Postmaster
General shall require it, be holden to transport the mail of the United States
from and to such place or places on said road as required, for a fair and
reasonable compensation. And in case the corporation and the Postmaster
General shall be unable to agree upon the compensation aforesaid, the leg¬
islature shall determine the same. And said corporation, after they shall
commence the receiving of tolls, shall be bound at all times to have said
railroad in good repair, and a sufficient number of suitable engines, car¬
riages, and other vehicles for the transportation of persons and articles, and
be obliged to receive at all proper times and places, and convey the same
when the appropriate tolls therefor shall be paid and tendered, and a lien is
hereby created on all articles transported for said tolls. And the said cor¬
poration, fulfilling on its part all and singular the several obligations and
duties by this section imposed and enjoined upon it, shall not be held or
bound to allow any engine, locomotive, cars, carriages, or other vehicle for
the transportation of persons or merchandise to pass over said railroad other
than its own, furnished and provided for that purpose, as herein enjoined
and required: Provided, however, That the said corporation shall be under
obligations to transport over said road, in connection with their own trains,
the passenger and other cars of any other incorporated company that may
hereafter construct a railroad connecting with that hereby authorized ; such
other company being subject to all the provisions of the sixth and seventh
7
50
sections of this act, as to rates of toll, and all other particulars enumerated
in said sections.
Sect. 13. If any person shall wilfully and maliciously, or wantonly and
contrary to law, obstruct the passage of any carriage on said railroad, or in
any way spoil, injure, or destroy said railroad, or any part thereof, or any
thing belonging thereto, or any material or implements to be employed in
the construction or lor the use of said road, he, she, or they, or any person
or persons assisting, aiding, or abetting such trespass, shall forfeit and pay
to said corporation for every such offence treble such damages as shall be
proved before the justice, court or jury before whom the trial shall be had,
to be sued for before any justice or in any court proper to try the same,
by the treasurer of the corporation, or other officer whom they may direct,
to the use of said corporation. And such offender or offenders shall be
liable to indictment by the grand jury of the county, within which trespass
shall have been committed, for any offence or offences contrary to the above
provisions; and upon conviction thereof before any court competent to try
the same, shall pa)' a fine not exceeding five hundred dollars, to the use of
the State, or may be imprisoned for a term not exceeding five years, at the
discretion of the court before whom such conviction may be had.
Sect. 14. Said corporation shall keep in a book for that purpose a regu¬
lar account of all their disbursements, expenditures and receipts, and the
books of said corporation shall at all times be open to the inspection of the
governor and council, and of any committee duly authorized by the legisla¬
ture ; and at the expiration of every year the treasurer of said corporation
shall make an exhibit, under oath, to the legislature, of the net profits
derived from the income of said railroad.
Sect. 15. All real estate purchased by said corporation for the use of the
same under the fifth section of this act shall be taxable to said corporation
by the several towns, cities, and plantations in which such lands lie, in the
same manner as lands owned by private persons, and shall, in the valua¬
tion list, be estimated the same as other real estate of the same quality in
such town, city or plantation, and not otherwise ; and the shares owned by
the respective stockholders shall be deemed personal estate, and be taxable
as such to the owners thereof, in the places where they reside and have
their home. And whenever the net income of said corporation shall have
amounted to ten per centum per annum upon the cost of the road and its
appendages and incidental expenses, the directors shall make a special
report of the fact to the legislature; from and after which time one
moiety, or such other portion as the legislature may from time to time
determine, of the net income of said railroad accruing thereafter over and
above ten per centum per annum first to be paid to the stockholders, shall
annually be paid over by the treasurer of said corporation, as a tax, into
the treasury of the State for the use of the State. And the State may have
and maintain an action against said corporation therefor, to recover the
same. But no other tax than herein is provided shall ever be levied or
assessed on said corporation, or any of their privileges or franchises.
51
Sect. 16. The annual meeting of the members of said corporation shall
be holden on the last Wednesday in July, or such other day as shall be
determined by the by-laws, at such time and place as the directors for
the time being shall appoint; at which meeting the directors shall be
chosen by ballot, each proprietor by himself or proxy being entitled to
as many votes as he holds shares; and the directors are hereby author¬
ized to call special meetings of the stockholders whenever they shall deem
it expedient and proper, giving such notice as the corporation by their
by-laws shall direct.
Sect. 17. -The legislature shall at all times have the right to inquire into
the doings of the corporation, and into the manner in which the privileges
and franchises herein and hereby granted may have been used and em¬
ployed by said corporation, and to correct and prevent all abuses of the
same, and to pass any laws imposing fines and penalties upon said corpo¬
ration, which may be necessary more effectually to compel a compliance
with the provisions, liabilities, and duties hereinbefore set forth and en¬
joined, but not to impose any other or further duties, liabilities, or obli¬
gations. And this charter shall not be revoked, annulled, altered, limited,
or restrained without the consent of the corporation, except by due process
of law.
Sect. 18. If the said corporation shall have not been organized, and
the location according to actual survey of the route filed with the county
commissioners of the counties through which the same shall pass, on or
before the thirty-first day of December, in the year of our Lord one
thousand eight hundred and fifty-five, or if the said corporation shall fail
to complete said railroad on or before the thirty-first day of December,
in the year of our Lord one thousand eight hundred and sixty-five, in
either of the above-mentioned cases this act shall be null and void.
Sect. 19. Said company shall not engage in nor commence the construc¬
tion of any section or sections of said railway until seventy-five per centum
of the estimated cost of said section or sections shall have been subscribed
for by responsible persons.
Sect. 20. If the provinces of New Brunswick and Nova Scotia, or either
of them, shall, in any legal way and manner, constitute this company a com¬
pany within its limits and jurisdiction, this company is hereby authorized and
empowered to exercise within said limits and jurisdiction of such province
all the rights and powers, and shall have and enjoy all the privileges and
immunities which it could have, exercise, or enjoy within this State.
Sect. 21. The said European and North American Railway Company are
hereby authorized and empowered to contract with the government of the
United States, and any foreign government or power, for the carrying of
the mail of any such government or power, over or within any of the terri¬
tories where said company may exercise or enjoy any of the powers, privi¬
leges, or immunities herein granted to it.
Approved August 20, 1850.
52
STATE OF MAINE. — IN THE YEAR OF OUR LORD ONE
THOUSAND EIGHT HUNDRED AND FIFTY.
AN ACT concerning the European and North American Railway Company.
Be it enacted by the Senate and House of Representatives in legislature assem¬
bled, as follows:
In case the European and North American Railway Company shall be
constituted a corporation in the provinces of New Brunswick and Nova
Scotia, or either of them, then, and in that case, the said company may be
allowed to increase its capital stock, in shares of one hundred dollars each,
to an amount equal to the cost of constructing said road, so incorporated
and constituted, not exceeding the number of one hundred and fifty thousand
shares in all.
Approved August 27, 1850.
STATE OF MAINE. —IN THE YEAR OF OUR LORD ONE
THOUSAND EIGHT HUNDRED AND FIFTY-THREE.
AN ACT to provide for certain railroad connections for the European and
North American Railway Company.
Be it enacted by the Senate and House of Representatives in legislature
assembled, as follows:
Section 1. The European and North American Railway Company is
hereby authorized to connect its railroad, at Bangor, with the Penobscot and
Kennebec railroad, upon such terms and arrangements that all passengers,
merchandise, and property coming from or destined to the road of the said
European and North American Railway Company, shall be transported
over said Penobscot and Kennebec railroad at rates of fare and freight as
favorable as shall at the same time be established or allowed by said Penob¬
scot and Kennebec Railroad Company for any other passengers, merchan¬
dise, or property transported over the road of said company.
Sect. 2. Any railroad company which has been or may hereafter be char¬
tered by the legislature, with authority to extend its road to any point on
the chartered route of the Penobscot and Kennebec railroad, shall be at
liberty to connect its road with said Penobscot and Kennebec railroad,
upon either side thereof; and all passengers, merchandise or other property,
coming from or destined to such connecting road, shall be transported over
said Penobscot and Kennebec railroad, to or from the point of connection,
at rates of fare and freight as favorable as shall at the same time be estab¬
lished or allowed by said Penobscot and Kennebec Railroad Company for
53
any other passengers, merchandise or property transported over the road
of said company.
Sect. 3. All passengers, merchandise and property transported over any
connecting road mentioned in the two preceding sections, coming from or
destined to the Penobscot and Kennebec railroad, shall he carried, received
and delivered by such connecting company, at rates of fare and freight as
favorable as shall at the same time be established or allowed by such con¬
necting company for any other passengers, merchandise or property trans¬
ported over such connecting road.
Sect. 4. If any of the connecting companies aforesaid shall be unable to
agree with the Penobscot and Kennebec Railroad Company, in respect to
the place or manner of connection with said railroad, or in respect to the
terms of such connection, or the rates of fare and freight thereon, both for
local and through business, or the division of receipts resulting from trans¬
portation over the roads so connected, either party may apply to the supreme
judicial court, holden at any term, within any county in which either of such
connecting roads shall be located, for the appointment of commissioners, to
determine upon the matter of such disagreement. Such notice of said appli¬
cation shall be given to the other party as the court may direct, and there¬
upon the court shall appoint three commissioners, who shall, upon due notice
to the parties interested, and after hearing the same, proceed to determine
an award, in writing, upon the matter submitted to them, and prescribe the
things to be done and performed by the parties, or either of them ; and said
commissioners shall award costs to either party at their discretion. The
award of said commissioners, or a majority of them, shall be returned to the
court, in the county where the application was made, and the same shall
then be accepted and recorded, unless the court, for cause shown, shall
order the same to be recommitted, for further hearing and determination.
And upon the acceptance of such award, the same shall be binding upon the
respective companies interested in the same, until a new award shall be
made upon a further application therefor; but no application for a further
award shall be made within one year after the acceptance of a preceding
award.
Sect. 5. The court shall have the power to prescribe the mode of pro¬
ceeding by said commissioners, and may issue all such process as may be
necessary to secure the due execution and performance of any award made
and accepted under the provisions of this act.
Sect. 6. The capital stock of the European and North American Railway
Company may be divided into not less than one thousand, nor more than
one hundred and fifty thousand shares, of twenty pounds sterling each, or
one hundred dollars each, as said company may elect; and said company
may issue its bonds in sterling currency in the same manner as is now
authorized by law.
Sect. 7. The European and North American Railway Company is hereby
authorized to purchase or lease any portion of any other railroad which has
been chartered and located, or may hereafter be located, between the city
54
of Bangor and the eastern boundary of the State, and may purchase or
lease the Penobscot and Kennebec railroad, so as to form a connected line
of road from the boundary aforesaid to the western terminus of said Penob¬
scot and Kennebec railroad. And in case of any such purchase, the stock
and franchise of the company whose road shall be so purchased shall be
consolidated into, and become a part of, the stock and franchise of the
European and North American Railway Company ; and all the privileges
and powers acquired by such purchase shall be held and enjoyed under the
charter of said company, and said company shall be required to perform and
discharge all the duties and liabilities imposed by law upon the company
whose road shall be so purchased.
Sect. 8. A further time of one year from the passage of the act is hereby
granted, within which the said Penobscot and Kennebec Railroad Company
may make a new location of any part of their road between Waterville and
Bangor, but not so as to cross the Kennebec river at any point farther north
than the present actual location of its road, at Kendall's Mills.
Sect. 9. This act shall take effect from and after its approval by the
governor.
Approved March 29, 1853.
AN ACT to revive the charter of the European and North American
Railway Company, and to extend the time for locating and
building the same.
Be it enacted by the Senate and Home of Representatives in legislature
assembled, as follows:
The charter of the European and North American Railway Company is
hereby revived, and a further time of five years from the thirty-first day of
December, eighteen hundred and fifty-five, is hereby allowed within which
to organize said company and file the location of said railway; and a further
time of five years within which to complete said railway, in addition to the
time originally allowed by law.
Approved February 20, 1856.
AN ACT to extend the time for completing the European and North
American Railway.
Be it enacted by the Senate and House of Representatives in legislature
assembled, as follows:
That a further time of five years from the last day of December, eighteen
hundred and sixty-five, is hereby allowed in which to finish and complete the
European and North American Railway.
Approved March 25, 1863.
55
AN ACT authorizing the further extension of the European and North
American Railway.
Be it enacted by the Senate and House of Representatives in legislature
assembled as follows:
Section 1. The European and North American Railway Company is
hereby authorized to enter into contract with the Maine Central Railroad
Company for operating its line of railway as built, and the Maine Central
Railroad Company is hereby authorized to contract for this purpose with
said railway company, and to run its engines and cars over said line; and
the directors of the two companies may enter into a contract for the pur¬
pose aforesaid, on such terms and conditions as may, in the judgment of the
directors, be for the mutual advantage of the two companies, subject to
the approval of the stockholders of each corporation.
Sect. 2. The European and North American Railway Company shall
have a further time of one year within which it may make a new location of
any part of its line, but not to change its general route from Bangor to the
mouth of the Mattawamkeag river, with the right to 'pass on either side of
the Penobscot river, from Oldtown to Lincoln, and to extend a branch line
to the Penobscot boom, crossing any of the islands in the Penobscot river
above the Cook or Steamboat channel, between Oldtown and Orson islands;
and said railway company may extend a branch of its line to the slate
quarries in the valley of the Pleasant river, at Brownville, and to the
Katahdin Iron Works, from any point on their line between Oldtown and
Lincoln. From the mouth of the Mattawamkeag river east and northeast,
the said railway company may have a further time of two years in which it
may file a new location of its line to the boundary in the most direct line to
St. John city, in New Brunswick.
Sect. 3. Said railway company may extend a branch line of its railway
from some point on its line east of the mouth of the Mattawamkeag to
Houlton, and to the northern boundary of the State, with a branch line
to Woodstock and to the St. John river, at Woodstock village; provided
authority therefor be granted by the legislative authorities of New
Brunswick.
Sect. 4. The European and North American Railway Company may
lease its line of railroad, or enter into and execute a contract in the nature
of a lease, such as will enable the lessees thereof to maintain and operate,
by means of said railway and other roads in extension of the same, a con¬
nected line of railway from Bangor to Halifax, in the province of Nova
Scotia; and said European and North American Railway Company, under
the authority of its charter, may purchase any existing lines of railway
between the city of Portland and the city of Halifax, or take a lease thereof
of any one or more of them. But nothing contained in this act, or any
lease or contract that may be made under the authority of the same, shall
exonerate said company or the stockholders thereof from any duties or
56
liabilities imposed upon them by the charter of said company or the general
laws of the State, nor shall any thing herein contained in any manner limit
or circumscribe any power of the legislature of this State to enact laws
affecting the rights, privileges or duties of said company; and a majority
of the directors of said company shall always be citizens of this State, and
said company shall always keep their office and books in this State.
Sect. 5. Whereas the European and North American Railway Company
has acquired the rights, franchises, road-bed, right of way and all other
property of the Penobscot Railroad Company, it is hereby enacted that said
European and North American Railway Company shall have the right to
enjoy the property, road-bed, rights of way and the rights in land purchased
by said Penobscot Railroad Company for road-bed, depots and other cor¬
porate purposes, and all rights of said Penobscot Railroad Company in¬
cipient or perfect, of locating and establishing its road on lands of other
persons, and all its road-bed, rock-cuttings, excavations, embankments,
gradings, bridges, piers, abutments or other structures or works, as an
inherent part of its own franchise and property; and the location of the line
of the European and North American Railway Company, made or to be
made over and upon the line of said Penobscot railroad as built, shall not
give any new claim of damages to the owners of lands whose property was
taken by the location of the Penobscot railroad, in all cases where said
Penobscot Railroad Campany has paid the land damages prior to any use
thereof by said European and North American Railway Company; the rights
and properties held by said Penobscot Railroad Company shall hereafter be
vested in said European and North American Railway Company and shall
remain in full force and efficiency, unannulled and unimpaired by any sub¬
sequent defeat or dissolution of the Penobscot Railroad Company, whether
by limitation of the time in which the road should be completed, or by any
other means. And all bonds of the Penobscot Railroad Company taken up
for a valuable consideration, and held by the European and North American
Railway Company, shall be valid in the hands of said railway company as
holders thereof as a basis of title, but for no other purpose; and no bond
of said Penobscot Railroad Company shall be negotiable for any other pur¬
pose after the expiration of the charter of said company, or of any validity
other than for the purpose above set forth. Nor shall said European and
North American Railway Company be in any manner liable for any debt of
said Penobscot Railroad Company on account of the purchase thereof as
aforesaid. And the directors of the Penobscot Railroad Company may exe¬
cute any other and further instrument of lease, transfer, or other conveyance
to said European and North American Railway Company to carry into effect
the intentions and purposes of this act. And the proceedings of the two
corporations aforesaid are hereby declared valid, in case of their approval
by the stockholders of the two corporations. And section eighteen of an
act approved August second, eighteen hundred and forty-seven, entitled
" An act to establish the Bangor and Orono railroad," which title was, by
an additional act approved August twenty-first, eighteen hundred and fifty,
57
charged to the Penobscot Railroad Company, be, and the same is hereby
repealed ; and any transfer of its road-bed, right of way, or other property,
or of its powers, privileges, and immunities by said corporation, by lease or
sale to the Europea'n and North American Railway Company, which transfer,
made or to be made, is hereby authorized, shall not operate to extinguish
said Penobscot Railroad Company or to annul its charter; but it shall be
regarded as still subsisting so far as its continuance for the purpose of up¬
holding any right, title or interest, power, privilege or immunity ever pos¬
sessed, exercised^ or enjoyed by it, may be necessary for the protection of
the European and North American Railway Company, its exercise of the
powers, and its enjoyment of the privileges and immunities so transferred
being suspended, so long as the European and North American Railway
Company shall exercise and enjoy them.
Sect. 6. The European and North American Railway Company shall be
at all times subject to such general laws in relation to railroads as have
been or may be hereafter enacted by the legislature of this State.
Sect. 7. In the construction of a bridge across the Kenduskeag stream,
the said railway shall conform to such plans and regulations for the building
of said bridge, and of two draws or a pivot draw, for the passage of vessels
through said bridge, and for the future management thereof at the ex¬
pense of the company, as shall be prescribed by the board of railroad com¬
missioners.
Sect. 8. In all cases where the said European and North American Rail¬
way Company has taken six rods in width by the location of their line, and
have or may hereafter release a portion of the lands, wharves or flats so
taken, such release shall not impair their location, though a less width than
six rods is retained for the use of said railway.
Sect. 9. If the line of the European and North American Railway Com¬
pany is not built to Lincoln within three years from the date of the approval
of this act, and completed to the boundary of New Brunswick within the
time limited therefor by law, December thirty-one, eighteen hundred and
seventy, this act and the charter of said company shall be null and void.
Sect. 10. This act takes effect on its approval by the governor.
Approved February 20, 1861.
AN ACT to provide means for the defence of the northeastern frontier.
Be it enacted by the Senate and House of Representatives in legislature assem¬
bled, as follows:
Section 1. Whereas the legislature of Maine, by resolves unanimously
adopted, and approved by the governor on the thirty-first day of January,
in the year of our Lord .one thousand eight hundred and sixty-three, asked
protection of the United States government in the language following:
" Maine expects and earnestly demands that measures be taken at once by
8
58
the general government for the protection of its northeastern frontier, and
that this can be accomplished only by a military railroad from Bangor to the
St. John river," it is hereby enacted, that, to aid in the construction of such
a line of railway, the proceeds of the sale of timber on ten townships of the
public lands of this State, which townships sh.all be designated under the
direction of the governor, State treasurer and land agent, who are consti¬
tuted a board for this purpose, shall be paid into the treasury of the State
for the use of the European and North American Railway Company, upon
the terms and conditions hereinafter expressed; and the timber on these
ten townships shall be advertised in a newspaper having the largest circula¬
tion in the counties where located, and three months in two newspapers hav¬
ing the largest circulation in the cities of Portland and Bangor. Sealed
proposals will be received by the governor, State treasurer and land agent,
and a record of the proposals be made and kept in the land office, which
shall be open to any one after the day of sale, and said sale shall be in one-
eighth sections of townships; and all moneys, securities or lands received on
account of the claims of Maine upon the United States government which
accrued prior to eighteen hundred and sixty-two, viz : the claims for interest
on moneys heretofore received from the United States for the value of tiie
lands assigned to occupants under the fourth article of the treaty of Wash¬
ington, and for timber cut on the territory formerly in dispute between the
United States and Great Britain, after deducting the expenses of obtaining
the same, shall be paid into the treasury of the State, for the use of the Eu¬
ropean and North American Railway Company, on the terms and conditions
hereinafter expressed.
Sect. 2. As soon as said railway company shall have constructed and com¬
pleted its line by the running of cars from Bangor to Lincoln, and have noti¬
fied the governor of the State of that fact, and that said company has located
its line to the boundary of New Brunswick, and is ready to proceed with the
further construction of said railway, it shall be lawful for the governor to
approve of said location, and to notify said company of the same, and there¬
upon the said company shall be entitled to the benefit of the provisions of
this act; and thereafter, as soon as said company shall construct and com¬
plete, by the running of cars, ten additional miles of railway from Lincoln
toward the mouth of the Mattawamkeag, the governor shall pay over to said
company such sum as may then be in the hands of the treasurer derived
from the proceeds of such sales of timber; and of such claims, at the rate
of ten thousand dollars per mile for said ten miles, or pro rata for any sum
then in hand less than at the rate of ten thousand dollars per mile, and so
on from time to time at the same rate of ten thousand dollars per mile, or
pro rata as fast as an additional ten miles is completed, until the line shall
be completed from Bangor to the boundary line of New Brunswick; and as
soon as said railway company shall locate a line from some point in em¬
branchment thereof in a northerly direction toward the Aroostook river,
and complete ten miles from said main line by the running of cars thereon,
the governor shall pay to said company at the rate of ten thousand dollars
.59
per mile, or pro rata for each mile of railway so built and completed from
their main line in a northerly direction, from the proceeds of the lands and
claims hereinbefore set forth ; and so on from time to time as an additional
ten miles shall be completed by the running of cars, until the entire line of
said railway shall be completed to the northern boundary of the State, with
a branch line to the St. John river at Woodstock.
Sect. 3. In case the Commonwealth of Massachusetts shall assign and
transfer to the European and North American Railway Company, or to the
State of Maine in trust for said company, the claims jointly held by her
with Maine against the general government, to aid the construction of said
railroad, and also release and discharge, or assign and ti-ansfer the balance
due from the State of Maine for the purchase of her interests in the public
lands lying in Maine, under date October fifth, eighteen hundred and fifty-
three, it shall be lawful for the governor, State treasurer and land agent to
transfer to said company all the public lands lying on the waters of the Pe¬
nobscot and St. John rivers, for the uses and purposes set fortli in this act:
Provided, however, That there shall be excepted from said conveyance, and
from the operations of this act, all timber and lumber and lands granted or
voted by the present or any preceding legislature, reserving to the State the
right to locate such grants within the present year of our Lord eighteen
hundred and sixty-four, or within the time or times limited therefor in the
several acts or resolves granting the same, all lands heretofore reserved or
set apart for public schools, and all lands set apart and designated for set¬
tlement under existing laws ; and all the lands set apart for the purposes of
settlement shall be sold to settlers, upon the same terms and conditions, by
the land agent, as is now authorized by law. And it is further provided,
that all lands conveyed to said company under this act, which are, in the
opinion of the governor, State treasurer and land agent, suitable for settle¬
ment, shall be surveyed into lots by said company, of suitable sizes, for the
purposes of settlement, not exceeding one hundred and sixty acres to any
one lot, which lands shall be open to settlers, at a price not exceeding one
dollar per acre, on condition of a continued residence thereon for five years,
and performance of such settling duties as are now required by the State.
And said company is charged with the duty of encouraging immigration into
the State, and shall be required to appoint a suitable emigrant agent, and
annually publish such plans, statements and other information as shall give
to the public a better knowledge of the extent, value and situation of the
public lands of Maine, now open for settlement, and cause this information
to be printed in our own and other languages, and distributed into other
States of this Union, and into foreign lands. And the legislature of this
State shall have the right at all times to inquire into the manner in which
trusts are executed, and to pass any laws that may be necessary, and to im¬
pose fines and penalties to secure a compliance with the provisions, liabilities
and duties hereinbefore set forth and enjoined: Providing and excepting,
That no lands belonging to the State of Maine, lying within the county of
Piscataquis, shall be taken by virtue of this act for the purpose of aiding in
60
the construction of the trunk line of the European and North American
Railway; but that all of said lands lying in said county of Piscataquis
shall be and are hereby appropriated under the limitations and restrictions
relating to other lands herein granted, and shall be applied in aid of the
construction of a branch of said railway extending to the slate quarries in
the valley of the Pleasant river, at Brownville, and to the Katahdin Iron
Works, from any point on the line of said railway between Oldtown and
Lincoln, as provided in section two of " An act authorizing the further ex¬
tension of the European and North American Railway," passed at the pres¬
ent session of the legislature.
Sect. 4. All benefits of this act shall be forfeited by said European and
North American Railway Company, upon the appropriation and use of the
proceeds of timber or lands hereby granted to any other purpose than the
construction of the main line of said railway or branches into Aroostook
and Piscataquis counties.
Sect. 5. This act shall take effect on its approval by the governor.
Approved March 24, 1864.
AN ACT to extend the time for completing the European and North
American Railway, and to enlarge its powers.
Be it enacted by the Senate and House of Representatives in legislature
assembled, as follows:
Section 1. A further time of one year in addition to the time specified in
the act approved Feb. 20, 1864, entitled "An act authorizing the further
extension of the European and North American Railway," is hereby allowed
to the European and North American Railway Company for the construction
of its line of railway to the town of Lincoln.
Sect. 2. During the period aforesaid, the said company may alter or
amend any part of its location between Bangor and Lincoln, subject to the
provisions and regulations of the statutes of this state in relation to the loca¬
tion of railways and the damages occasioned thereby.
Sect. 3. A further time of two years in addition to the time now limited
by law, is hereby allowed for the completion of said line of railway to the
boundary of New Brunswick, and all rights, privileges and grants here¬
tofore appertaining to said company, are hereby continued for the extended
times aforesaid.
Sect. 4. The said corporation may enter into contracts for the construc¬
tion and completion of any connecting lines of railway which have been, or
which may hereafter be, authorized by law within the provinces of New
Brunswick or Nova Scotia; and may also acquire, by lease or purchase,
any such connecting lines as aforesaid; and for the purposes aforesaid, may
issue the bonds or other evidences of debts of the said corporation, and
secure the same by mortgage of its railway and appurtenances, or by mort-
61
gage of the railway and appurtenances of any such connecting line or lines
of railway; and for such purposes may increase its capital stock, by vote of
its stockholders, to an amount not exceeding $5,000,000.
Sect. 5. The said corporation may hold timber and lands, by grants from
the State of Maine, in accordance with the provisions of the act approved
March "24, 1864, entitled " An act to provide means for the defence of the
northeastern frontier," and may sell and convey the same for the purpose
of raising money for the construction of its main line of railway in this state,
or the branches thereof mentioned in the said act, and may convey the same
in mortgage to trustees as security for bonds or certificates of indebtedness
issued for the purpose aforesaid, and may create by deed such trusts as may
be deemed necessary to secure the accomplishment of the object contem¬
plated by the said act; and all lands so held shall be subject to the disposal
by trustees or by said corporation as may be provided in such deed of trust,
and the said lands may be disposed of by sale under any such mortgage as
aforesaid, separated from the road-bed, track and franchise of the corpora¬
tion, without in any way affecting the title to said railroad. And in case of
any failure to fulfil the conditions of any such mortgage of said lands on the
part of the said corporation, it shall be lawful for the holders of one-fifth of
the mortgage construction land-bonds of the said corporation to call upon
the trustees to foreclose the said mortgage; and it shall be the duty of the
said trustees, or a majority of them, to make sale of all such lands to the
highest bidder, after six months1 notice, and apply the proceeds to the pay¬
ment of the bonds so secured on said lands ; and any balance, after paying
said bonds and interest in full, and all expenses of such proceedings, shall
be paid into the treasury of the said corporation; and, in case the proceeds
of such sale shall be insufficient for the payment of the said bonds in full,
the said sale and transfer of said lands shall in nowise vitiate or impair the
security of said bonds and mortgage on the railroad of the said corporation.
Sect. 6. This act shall take effect when approved by the governor.
Approved February 21, 1866.
AN ACT to extend the time for the completion of the European and
North American Railway to Lincoln, and to amend its location.
Be it enacted by the Senate and Souse of Representatives in legislature
assembled, as follows:
Section 1. A further time of two years from the twenty-first day of Feb¬
ruary, eighteen hundred and sixty-eight, is hereby allowed to the European
and North American Railway Company within which to complete its line of
railway to the town of Lincoln.
Sect. 2. Said railway company may have a further time of one year
from and after the approval of this act by the governor to alter and amend
62
any part of its location between the town of Lincoln, through the village of
Winn, to the eastern boundary of the state, subject to the provisions and
regulations of the statutes of the state relating to the location of railways
and the adjustment of damages occasioned thereby. Nothing in this act
shall be construed to relieve said company from constructing said railroad
to the village of Winn.
Sect. 3. This act shall take effect when approved.
Approved February 20, 1868.
AN ACT to authorize the city of Bangor to loan its credit to aid in the
construction of the European and North American Railway.
Whereas, Two acts have heretofore been passed and are now in force,
each authorizing the city of Bangor to loan its credit to the amount of five
hundred thousand dollars to the European and North American Railway
Company, in aid of the construction of their railroad ; now, for the purpose
of consolidating said loans, rendering but one mortgage necessary for the
security of said city and for other purposes,
Be it enacted by the Senate and House of Representatives in legislature
assembled, as follows:
Section 1. The city of Bangor is hereby authorized to loan its credit to
the European and North American Railway Company in aid of the con¬
struction of their railroad, not exceeding, however, one million dollars,
upon their compliance with the following terms and conditions :
Sect. 2. If this act shall be accepted, as hereinafter provided, and said
company shall, within one year from its approval, finish and complete their
line of railway from the depot of the Maine Central Railroad, in the city of
Bangor, to Milford village, to the approval of the mayor and aldermen for
the time being of the said city, as a first-class railroad, and shall have
acquired the right of way according to law, by payment of awards and other
land damages, or by a deposit of the amount thereof with the clerk of the
courts, as by law required, then such fact shall be certified by said mayor
and aldermen to the treasurer of said city, and he shall forthwith issue to
the directors of said company, for the purpose of building and completing
said road to Winn, the scrip of said city to the amount of one hundred and
fifty thousand dollars ; and on the completion of said road in the direction
of Winn to a point ten miles above Milford village, and payment of damages
or deposit thereof by said company, as aforesaid, and approval by the mayor
and alclermen of said city for the time being, they shall certify that fact to
the city treasurer, who shall forthwith issue to the directors of said company
an additional sum of one hundred thousand dollars of the scrip of said city,
for the purposes aforesaid ; and on the completion of said road to Passa-
dumkeag stream, and payment of damages, or deposit thereof by said
company, as aforesaid, and approval by the mayor and aldermen of said
city for the time being, they shall certify that fact to the city treasurer, who
shall forthwith issue to the directors of said company an additional sum of
one hundred thousand dollars of the scrip of said city for the purposes
aforesaid ; and on the completion of said road to Lincoln village, and pay¬
ment of damages or deposit thereof by said company, as aforesaid, and
approval by the mayor and aldermen of said city for the time being, they
shall certify that fact to the city treasurer, who shall forthwith issue to the
directors of said company an additional sum of three hundred and fifty
thousand dollars of the scrip of said city for the purposes aforesaid; and on
the completion of said railway to the Tannery village, or to a point near to
the same in the town of Winn, opposite to the Five Islands in Penobscot
river, and payment of land damages or deposit thereof, as aforesaid, by said
company, within two years from the approval of this act, to the approval of
the mayor and aldermen of said city for the time being, they shall certify
that fact to the city treasurer, who shall forthwith issue to the directors of
said company an additional sum of three hundred thousand dollars of the
scrip of said city.
AH of said scrip shall be signed by the city treasurer and countersigned
by the mayor for the time being; be issued in sums not less than one
hundred dollars, nor more than five thousand dollars each, with coupons
for interest attached, payable semi-annually, payable to the holder thereof
in Bangor, Boston or New York, the principal payable in twenty-five years
from the date of the first issue of scrip under this act; provided the whole
amount of scrip issued under this act shall not exceed the sum of one million
dollars; and each issue of said scrip shall bear date of the certificate of the
mayor and aldermen to the city treasurer, on the receipt of which he is
authorized to issue the same, and all shall be secured by the bond and
mortgage hereinafter mentioned, which shall be executed and delivered to
the city treasurer on the first issue of said scrip.
Sect. 3. Concurrent with the first issue and delivery of said scrip as
aforesaid, the president and directors of said company, in their official
capacity, shall execute and deliver, or cause to be executed and delivered,
to the said treasurer the bond of said company, the penal sum in said bond
to be double the amount of scrip authorized to be issued by this act; said
bond shall be made payable to said city, and shall be conditioned that said
company will duly pay the interest on such scrip of said city as shall be
issued under and by virtue of this act, and also the principal thereof,
according to the tenor of the scrip, and in all respects will hold and save
harmless the said city on account of the issue of the same: the said presi¬
dent and directors of said company shall also, in case of the issuing of the
scrip of said city as provided in section two of this act, and simultaneously
therewith, make, execute and deliver, or cause to be made, executed and
delivered to the said city treasurer, the scrip of said company, payable to
the holder thereof, at the same time and for the same amount as the scrip
then issued by said treasurer to said company, with like coupons for the
64
interest attached, which said scrip shall be held by said city as collateral
security for the fulfilment of the conditions of the said bond ; and in default
of any one of said conditions, said city may from time to time sell said scrip,
or any portion thereof, by public auction or auctions, in the cities of Bangor,
Boston or New York, or either of them, after sixty days' notice, in writing,
to the president or one of the directors, or any three of the stockholders of
said company, naming therein the time and place of sale. The net proceeds
of all such sales shall be indorsed on said bond.
Sect. 4. The president and directors of said company are hereby au¬
thorized, and it shall be their duty, in their official capacity, upon the receipt
of the first issue of said city scrip, and upon the delivery of their bond to
said city to secure the payment of the same, to execute and deliver, or cause
to be executed and delivered, to the city treasurer, a mortgage of their rail¬
road, from its terminus in Bangor to said Tannery village, or near thereto
in the town of AYinn, to and including a depot and turn-table there, and all
the land and personal property held and used by said company for the con¬
struction and working of said road between said two points, with all the
fixtures, appendages and appurtenances thereof, and the whole franchise of
said company to the line of the state, without prior incumbrance, also all
the rolling stock which shall be owned by said company on said road
through its entire extent from Bangor to the east line of the state; provided
however, if said road shall be built by said company from said town of Winn
to the east line of the state, and furnished and equipped with sufficient
rolling stock for operating the same, and the city of Bangor shall take
possession of the mortgaged portion of said road under any provisions of
this act; then one-third of all the rolling stock of said company shall be
released by said mortgagees and set out on demand of said company by the
railroad commissioners for time being, who shall also determine upon the
sufficiency of said stock as aforesaid. Said mortgage shall be executed
according to the laws of this state, and shall be in due and legal form, and
contain apt and sufficient terms to secure the said city the fulfilment of all
the conditions in said bond contained. Said bond and mortgage shall be
recorded in the registry of deeds of the county of Penobscot, which shall
be sufficient to protect the rights of said city, and no other recording shall be
required.
Sect. 5. For the purpose of foreclosing said mortgage for conditions
broken, it shall be sufficient for the said mayor and aldermen to give notice
according to the mode prescribed in the revised statutes for the foreclosure
of mortgages, by publication of notice thereof, which may be published in a
newspaper printed in Bangor, and a record thereof may be made within
thirty davs after the date of the last publication in the registry of deeds for
the county of Penobscot, which publication and record shall be sufficient
for the purpose of such foreclosure. Upon the expiration of three years
from and after such publication, if the condition of said mortgage shall not
within that time have been fulfilled, the foreclosure shall be complete, and
shall make the title to said franchise, and to all the property covered by
G5
said mortgage, absolute in said city. And said city, its successors and
assigns, shall thereupon be constituted a company incorporated and char¬
tered as of the day of the completion of the foreclosure, and shall have and
possess all legal rights, powers, and immunities which pertained to said
original company at the time of said foreclosure, except so far as the exer¬
cise and enjoyment of the same may be necessary to the corporation for the
convenient and profitable management and control of that part of said road
not included in the mortgage to the city, which excepted rights, powers and
immunities shall be retained by the said company or its assigns.
Sect. 6. If the directors of said company shall at any time neglect or
omit to pay the interest which may become due upon any portion of the
scrip issued and delivered under the provisions of this act, or to pay the
principal as it shall become due, or to comply with any of the conditions of
said bond, the city of Bangor may take actual possession, in the manner
hereinafter provided, of said franchise and of that part of said railroad, and
of all the property real and personal of the company which is covered by
said mortgage, and may exercise all the rights, privileges and powers
conferred on said company by its franchise, so far as the exercise and
enjoyment of the same may be necessary to the convenient and profitable
management and control of that part of said road mortgaged to the city,
not interfering, however, with the exercise and enjoyment by said company
or its assigns of the like rights, privileges and powers under said franchise
in the working and management of that part of the road not mortgaged to
said city, and may hold the same, and apply the income thereof to make up
and supply such deficiency and all further deficiencies that may occur while
the same are so held, until such deficiencies are fully made up and dis¬
charged. A written notice, signed by the mayor and a majority of the
aldermen of said city, and served upon the president or treasurer, or any
director of the company, or if there are none such, upon any stockholder of
the company, stating that the city thereby takes actual possession of said
franchise and of that part of the line of the railroad, and of all the property
of said company, real and personal, which is covered by said mortgage,
shall be a sufficient actual possession thereof, and shall be a legal transfer
of all the same, for the purposes aforesaid, to the city, and shall enable said
city to hold the same, including all the fuel, oil and tools of said company
covered by said mortgage, and all of said rolling stock, against any other
claims thereon until such purposes have been fully accomplished; provided
however, if said company shall furnish and equip the whole line of said road,
as provided in section four of this act, said city shall, after having taken
possession of said rolling stock, set out one-third part of the same to said
company on demand, as provided in said section four.
Sect. 7. Said city having taken possession of said mortgaged property in
the manner and for the purposes provided in section six, shall have author¬
ity and power as fully as a board of directors of said company, for the time
being, to take charge of and manage said road, to appoint the requisite
officers and agents and to discharge the same, to fix the rate of fare and
9
66
tolls, subject to the restrictions of the charter of said company, and to de¬
mand and receive the same, with the right to prosecute and defend suits in
the name of said company, and to do all things which said company itself
or the directors of said company might or could do; and after paying the
running expenses, may apply sufficient of the earnings of said road to keep
it, its building and equipments, in repair, and to prevent any deterioration
thereof, and to provide for such new rolling stock as may be necessary, and
then shall apply the residue of said earnings to the payment of the interest
coupons and scrip aforesaid; and whenever said interest and all dishonored
coupons, scrip or bonds secured by said mortgage shall have been paid, said
city shall relinquish the control of said road and deliver any property of said
company in its possession to said company or its assigns ; provided, however,
said city, or its officers or agents, while operating said road, under the pro¬
visions of this section, shall not be liable except for malfeasance or fraud,
and shall have the right to apply any proceeds received from the earnings
of said road, to pay any damages that may or shall arise in the operating
and managing of said road, for which said city shall be liable in law to third
parties; and provided further, in case any difficulty shall arise while said
city is in possession of the mortgaged part of said road, with the company
or its assigns who may be operating that part of the road not included in
said mortgage to said city, as to times of running trains, as to making con¬
nections or the proper rate of dividing the through fare, or of running oars
of one party over that section of the road operated by the other, then such
difficulty shall be referred to and settled by the railroad commissioners for
the time being, upon whom is hereby conferred the same powers in relation
to the said two sections of this road, which they would have, by law, if each
of these two sections belonged to independent corporations.
Sect. 8. For the purposes of effecting the objects prescribed in the two
preceding sections, the mayor and aldermen may cause a suit in equity to be
instituted, in the name of the city of Bangor, in the supreme judicial court
in the county of Penobscot, against said company, directors, or any other
person, as may be necessary for the purpose of discovery, injunction, account
or other relief under the provisions of this act, and any judge of the court
may issue a writ of injunction, or any other suitable process, on any such
bill, in vacation or in term time, or with or without notice, and the court
shall have jurisdiction of the subject matter of such bill, and shall have such
proceedings and make such orders and decrees as may be within the power
and according to the course of proceedings of courts of equity, as the neces¬
sities of the case may require.
Sect. 9. After said city shall have taken possession of the mortgaged
property and said franchise under and in accordance with the provisions of
section six, and while it shall be in the exercise of the power conferred upon
it by the provisions of section seven, the exercise by the directors of the
powers conferred upon them by the charter or by-laws, shall be suspended
so far as this, that any act of theirs that shall hinder, obstruct or impede
said city in the exercise of any of the powers conferred upon it by the pro-
67
visions of sections six and seven, shall, so far as said acts may hinder,
obstruct or impede, be void and of no effect, and the said city shall
have the same right to exercise such powers as if no board of directors
existed.
Sect. 10. Three-fourths of the directors of said company shall be resi¬
dent citizens of said city, and three of this number shall be appointed by
the city council, and shall be chosen annually by the city council in joint
ballot, before the annual meeting of said company for the choice of their
officers, who shall have the same authority in transacting the business of
said company, and who shall be entitled to like compensation from the com¬
pany as any other directors, but the right to choose such directors shall cease
when the loan contemplated is extinguished.
Sect. 11. As an additional or cumulative protection for said city, all lia-
bilties which by said city may be assumed or incurred under or by virtue of
any of the provisions of this act, shall at the time, and by force thereof,
and for the security and payment of the same, create in favor of said city a
lien on the entire franchise of said company, and on all their railroad from
its terminus in Bangor to and including their said depot and turn-table in
the town of Winn, and all the land held and used by said company for the
construction and working of said road between said two points, with all its
appendages and appurtenances thereof and all the personal property of said
company, including all the fuel, oil, tools and rolling stock of said com¬
pany, between said two points, which lien shall have preference and be prior
to all other liens and incumbrances on all of said road between said two
points, and said franchise and all the aforesaid personal property of said
company; and said lien shall be enforced, and all the rights and interests of
said city shall be protected when necessary by suitable and proper judg¬
ments, injunctions or decrees of the supreme judicial court, on a bill or bills
in equity, which power is hereby specially conferred on said court; and it is
hereby provided, that the said lien provided for in this section shall not be
deemed waived or ineffectual by the acceptance of said city of any mortgage
or other security contemplated by the provisions of this act or otherwise, and
taking possession of said mortgage property under any of the provisions of
this act, shall not be a waiver of the foreclosure of said mortgage.
Sect. 12. This act shall not take effect until it shall have been duly ac¬
cepted by said city of Bangor by a vote of the legal voters thereof voting in
ward meetings duly and legally called within eleven months from and after its
approval, and by a majority of at least three-fourths of the legal voters of said
city present and voting at said meetings as aforesaid, nor shall said act take
effect until the same shall be duly accepted by the city council of said city by
concurrent vote of the two boards of said council, and by a majority of two-
thirds of the aldermen present and voting, and a majority of two-thirds of the
common council at a meeting duly called for the purpose, at least thirty days
subsequent to its acceptance by vote of the city, as hereinbefore provided.
The returns of such ward meetings shall be made to the aldermen of said
city, and by them counted and declared, and the clerk of said city shall
68
make a record thereof, and if the act shall be accepted as aforesaid, then alter
such acceptance and record thereof all the parts of this act shall take effect
and be in full force thereafter; and an act entitled " An act to authorize the
city of Bangor to aid the construction of the European and North American
Railway," approved March twenty-five, eighteen hundred and sixty-four,
and an act entitled "An act to authorize the city of Bangor to further aid
the construction of the European and North American Railway," approved
February twenty-eight, eighteen hundred and sixty-six, shall be void and of
no further effect.
Sect. 13. This act shall take effect when approved.
Approved February 24, 1868.
AN ACT to aid in the construction of the European and North American
Railway.
Be it enacted by the Senate and House of Representatives in legislature as¬
sembled, as follows :
Section 1. The governor of the state is hereby authorized and empowered
to transfer and convey by deed to the European and North American Rail¬
way Company, all the timber and lands belonging to the state situated upon
the waters of the Penobscot and of the St. John rivers, to be used by said
company to aid in the construction of its line of railway as contemplated
and provided for in an act entitled " An act to provide means for the de¬
fence of the northeastern frontier," approved March fourth, in the year of
our Lord one thousand eight hundred sixty-four, and an act approved Feb¬
ruary twenty-first, eighteen hundred sixty-six, and subject to all reservations
contained in and the obligations imposedby said acts, except that said company
is hereby relieved from the obligation to pay the balance due from this state
to Massachusetts, as required by said act of eighteen hundred sixty-four;
provided however, that the state or purchaser shall have until the year
eighteen hundred eighty-four, instead of eighteen hundred seventy-four,
to remove or cause to be removed the timber and lumber on the ten town¬
ships of land reserved for the common school fund by a resolve approved
March twenty-one, eighteen hundred sixty-four, entitled "A resolve relat¬
ing to an appropriation for common schools," such townships to be selected
within six months from the passage of this act, and record of the same made
in the land office; and provided further, that the proceeds of timber and
lands hereby granted, or any money which may be raised on a mortgage or
sale thereof, as provided by said act of eighteen hundred sixty-six, or by
the conveyance under this act, shall be applied solely to the construction of
a railroad from the town of Lincoln through the town of Winn to the east¬
erly boundary of the state.
Sect. 2. Other railroad companies now incorporated or hereafter to be
69
incorporated in this state shall have the right to connect their railroads with
the railroad of the European and North American Railway Company in the
the city of Bangor, or in any other city or town along the line of its road ;
and no discrimination in the rates of freight or passengers shall be made by
said company, nor by any party who may operate its line of railway or any
part thereof, between railroads having the right to connect with its rail¬
road as aforesaid; but all passengers and all freight coming from or going
to any other road having such right to connect, shall be transported promptly
and on terms alike favorable by said company over its own road, or by any
party operating the same, and on terms as favorable as the like service is or
shall be performed for transportation commencing and terminating on the
line of railway of said company.
Sect. 3. Section one of an act entitled "An act explanatory of and
amending an act additional to and amendatory of an act to provide means
for the defence of the northeastern frontier," approved March twenty-fifth,
in the year of our Lord one thousand eight hundred and sixty-four, is here¬
by repealed, but the second section of said act is continued in force ; and it
is hereby provided that this act, and the conveyance of timber and lands
authorized by it, shall in no wise affect the doings of the land agent, and
that all moneys received from the sales of land and timber since the twenty-
fourth day of March, one thousand eight hundred and sixty-four, and all
notes and other securities in possession of the land agent, as proceeds of
sales or parts of sales of land and timber as aforesaid, are declared to be,
and are to remain, the property of the state, exempt from any legal or
equitable claim to the same on the part of said company.
Sect. 4. Before any sale of lands or timber is made, or any mortgage
is effected of the lands herein transferred and conveyed to the European
and North American Railway Company, the directors of said company shall
appoint two trustees, with the approval of the governor of the state. It
shall be the duty of the proper officers of the company to deposit all moneys
or securities collected by them, from any sale or mortgage of the property
herein transferred and conveyed, in the hands of such trustees, who shall
hold the same in trust until the said railroad is finished to the town of Lin¬
coln ; and the trustees aforesaid shall be required to give a sufficient bond
to the state, to the approval of the governor, for the faithful execution of
their said trust. The moneys and securities so received shall on the com¬
pletion of said road to the town of Lincoln be paid to said railroad company ;
provided, that the moneys and securities so received in trust may, sooner
than above limited, be used to pay for actual construction of said road be¬
tween said town of Lincoln and the eastern boundary of the state, when
ordered and approved by the governor.
Sect. 5. No sale, mortgage, transfer or conveyance of the timber and
lands hereby conveyed to the European and North American Railway Com¬
pany shall be effected unless approved by the governor.
Sect. 6. That so much of the laws embraced in chapter four hundred
and one of the laws of eighteen hundred and sixty-four, as donates or re-
70
fers to the proceeds of the sale of timber on ten townships of the public
lands of this state, be and hereby is repealed.
Sect. 7. The legislature may at any time alter, amend or repeal the
act incorporating the European and North American Railway Company,
approved August twentieth, eighteen hundred and fifty, or any of its pro¬
visions, whenever in their opinion the public good may require such altera¬
tion, amendment or repeal.
Sect. 8. This act shall take effect when approved.
Approved March 3, 1868.
COMMONWEALTH OF MASSACHUSETTS—IN THE YEAR ONE
THOUSAND EIGHT HUNDRED AND SIXTY-FIVE.
AN ACT to aid the construction of the European and North American
Railway.
Be it enacted by the Senate and House of Eepresentalives in General Court
assembled and by the authority of the same, as follows, viz.:
Section 1. Whenever the amount remaining unpaid and the interest
thereon of the bonds of the State of Maine given in payment for the public
lands in Maine sold by the Commonwealth of Massachusetts in the year
eighteen hundred and fifty-three shall be paid into the treasury of the Com¬
monwealth, the treasurer and receiver-general shall, under the direction of
the governor and council, surrender said bonds to the State of Maine, or
assign them to the European and North American Railway Company, as the
governor and council may determine.
Sect. 2. The Commonwealth of Massachusetts hereby assigns to the
State of Maine, in trust for said company to aid in the construction of the
railroad of said company between Bangor and New Brunswick, the claims
held jointly with said State of Maine against the United States.
Sect. 3. This act shall take effect upon its approval.
Approved May 16, 18G5.
APPENDIX B.
UNITED STATES AID GRANTED.
Laws of U. S. 1868, 2nd Sess., 40th Congress, Pub. 70, § 10. And be it
further enacted, That for the purpose of executing the fourth article of the
treaty of Washington, concluded on the ninth day of August, 1842, the
Secretary of Treasury is hereby authorized and directed to pay to the State
of Maine for ninety-one thousand one hundred and twenty-five acres,
assigned by said state to settlers under said article, a sum equal to $1.25
71
per acre; and to the Commonwealth of Massachusetts for twenty-six thou¬
sand one hundred and fifty acres, assigned by said Commonwealth to settlers
under said article, a sum equal to $1.25 per acre. Provided, before said
sums are paid the states of Maine and Massachusetts shall agree with the
United States that the settlers upon the public lands in the late disputed
territory in Maine, entitled to be quieted in their possession, as ascertained
by Commissioners heretofore instituted by said State, shall have been, or
shall be quieted by a release of the title of said State.
BOND OF EUROPEAN AND NORTH AMERICAN RAILWAY
COMPANY TO CITY OF BANGOR, Jan. 20, 1869.
Whereas the Legislature of the State of Maine by an act approved on the
twenty-fourth day of February, A.D. 1868, authorized the City of Bangor
to loan its credit to the European and North American Railway Company,
a corporation duly established by the laws of said Maine ,in aid of the con¬
struction of their railroad, not exceeding one million dollars in amount, as
by reference to said act it will more fully appear, upon certain terms and
conditions therein named, which act was duly and legally accepted, accord¬
ing to the provisions thereof, by said City by a vote of the legal voters
thereof, voting in ward meetings on the thirtieth day of March, A.D. 1868,
and also by the City Council of said City by concurrent vote of the two
boards of said Council, and by a majority of two-thirds of the members
present and voting in each board, at a meeting of said two boards duly
called for the purpose, and held on the eleventh day of May, A.D. 1868,
being thirty days subsequent to its acceptance as aforesaid by said city.
And whereas, at a meeting of the Stockholders of the European and North
American Railway Company duly notified and held at the office of the
Company, 92 Exchange Street, in the City of Bangor, on the twelfth day of
May A.D. 1868, it was voted as follows : —
Voted, To accept an act of the Legislature of Maine, entitled An act to
authorize the City of Bangor to loan its credit to aid in the construction of
the European and North American Railway, approved by the Governor
of the State, February 24th, 1868.
Voted, That the Directors of the European and North American Rail¬
way Company be, and they hereby are, authorized and empowered to
execute and deliver to the Treasurer of the City of Bangor the bond of this
Company, to secure said city for scrip to be issued to this Corporation,
mentioned and provided for in the act passed at the last session of the
Legislature of this State, to authorize the City of Bangor to loan its credit
to aid in the construction of the Railway of this Company; and the said
72
Directors are also authorized to make, execute and deliver the scrip of the
Company, to the Treasurer of said City of Bangor as contemplated and
provided for in said act.
Voted, That the Directors of the European and North American Railway
Company be and they are hereby authorized and empowered to execute, or
cause to be executed, and deliver to the city Treasurer of the City of Bangor
a mortgage of the railroad of the Company from Bangor to Winn, to secure
the payment of the scrip of said City, issued to this Company in accordance
with the provisions of said Bangor Loan Act.
Voted, That the Directors of the European and North American Railway
Company be and they are hereby authorized and empowered to do all acts
and things whatever, which may be found necessary to carry into full effect
the objects and intents of the act aforesaid, authorizing the City of Bangor
'to loan its credit to said Company, and to make all arrangements with said
City which may be found necessary to make said loan available.
And whereas said European and North American Railway Company has
finished and completed their line of railway from the depot of the Maine
Central Railroad in the City of Bangor to Milford Village, and the same
has been approved by the present Mayor and Aldermen of said City, as a
first-class railroad, and said Railway Company have acquired the right of
way according to law by payments of awards and other land damages, or by
a deposit of the amount thereof with the Clerk of the Courts as by law re¬
quired, which facts have been certified by said Mayor and Aldermen to the
Treasurer of said City, as required by the terms and provisions of said act,
approved the twenty-fourth day of February, A.D. 1868, and said Railway
Company has become entitled to receive from the Treasurer of said City,
for the purpose of building and completing said road to Winn, the scrip of
said City to the amount of one hundred and fifty thousand dollars, part of
the one million dollars which said City is authorized by said act to loan to
said Railway Company.
And whereas the President and Directors of said Company for the pur¬
pose of complying with the terms and conditions of said act, on their part
to be done and performed, at a meeting duly called and holden for tha
purpose at the office of the said Company, 92 Exchange Street, Bangor, on
the first day of January, A.D. 1869.
Voted, That there be made, executed and delivered to the City Treasurer
of the City of Bangor, the scrip of this Company, signed by the President
and Treasurer of this Company, payable to the holder thereof, as required
by an act of the Legislature of Maine, entitled "An act to authorize the
City of Bangor to loan its credit to aid in the construction of the European
and North American Railway," approved by the Governor of said Stute
the twenty-fourth day of February, A.D. 1868, at the same time and for
the same amount as the scrip issued by said City Treasurer to said Company
under said act with the coupons for interest attached signed by the Treasurer
of this Company, and also that there be made, executed and delivered to
the said City Treasurer the bond of this Company, in the penal sum of two
73
million dollars, being double the amount of scrip authorized to be issued
by the act aforesaid, which bond shall be made payable to said City and
conditioned that said Company will duly pay the interest on such scrip of
said City as shall be issued under and by virtue of the act aforesaid, and
also all the principal thereof according to the tenor of the scrip, and in all
respects that said Company will hold and save harmless such City on account
of the issue of the same; and that there shall be made, executed, and de¬
livered to said City a mortgage of their railroad, from its terminus in
Bangor, to the Tannery Village, or near thereto, in the town of Winn, to
and including a depot and turn-table there, and all the land and personal
property held and used by said Company for the construction and working
of said road between said two points, with all the fixtures, appendages, and
appurtenances thereof, and the whole franchise of said Company to the line
of the State without prior incumbrance, and also all the rolling stock which
shall be owned by said Company on said road through its entire extent
from Bangor to the East line of the State, and that the President and
Treasurer of said Company be and they are hereby authorized to execute
said bond and mortgage in the name of and for and on behalf of said Com¬
pany, and affix the seal of said Company thereto and acknowledge the
execution of said mortgage and deliver said bond and mortgage to the
Treasurer of said City simultaneously with the issue of the scrip of the City
as provided in said act.
Now therefore, be it known that said European and North American
Railway Company is holden and stands firmly bound and obliged unto said
City of Bangor in the penal sum of two million dollars to be paid to said
City, to which payment, well and truly to be made, said Company firmly
binds itself by the Presents.
The condition of this obligation is such, that if the said Company shall
duly pay the interest on the said scrip issued by said City Treasurer to the
Directors of said Company, and the principal thereof, and in all respects
hold and save said city harmless on account of the issue of the same, then
this obligation and said scrip and certificates of said Company delivered to
said City Treasurer shall be null and void, otherwise this obligation is to
remain in full force and virtue, and said scrip and certificate last aforesaid
may be sold by said City agreeably to said act.
In witness whereof the President and Directors of said European and
North American Railway Company acting in their official capacity have
caused the name of said Company to be hereto signed and its seal affixed
by its President and Treasurer, thereto duly authorized as aforesaid, this
twentieth day of January, A.D. 1869.
European and North American Railway Company,
By G. Iv. Je\vj?tt, President. [Seal.]
N. Woods, Treasurer.
Signed, sealed, and delivered in presence of
Charles P. Stetson.
10
74
MORTGAGE OF EUROPEAN AND NORTH AMERICAN RAIL¬
WAY COMPANY TO CITY OF BANGOR. JANUARY 20, 18G9.
Whereas the Legislature of the State of Maine, by an Act approved on
the twenty-fourth day of February, A.D. 1808, authorized the City of Ban¬
gor to loan its credit to the European and North American Railway Com¬
pany, a corporation duly established by the laws of said Maine in aid of the
construction of their railroad, not exceeding one million dollars in amount,
as by reference to said act it will more fully appear, upon certain terms and
conditions therein named, which act was duly and legally accepted, according
to the provisions thereof, by said City, by a vote of the legal voters thereof,
voting in ward meetings, on the thirtieth day of March, a.d. 1808, and also
by the city council of said city by concurrent vote of the two boards of said
council, and by a majority of two-thirds of the members present, and voting
in each board, at a meeting of said two boanls duly called for the purpose,
and held on the eleventh day of May, A.D. 1868, being thirty days subse¬
quent to its acceptance as aforesaid by said city.
And whereas at a meeting of the stockholders of the European and North
American Railway Company, duly notified and held at the office of the Com¬
pany, 92 Exchange Street, in the City of Bangor, on the twelfth day of
May, A.D. 1868, it was voted as follows : —
Voted, To accept an act of the Legislature of Maine, entitled " An Act to
authorize the City of Bangor to loan its credit to aid in the construction of
the European and North American Railway, approved by the Governor of
the State, February 21th, 1808."
Voted, That the Directors of the European and North American Railway
Company be, and they hereby are authorized and empowered to execute
and deliver to the Treasurer of the City of Bangor, the bond of this Com¬
pany, to secure said City for scrip, to be issued to this corporation, men¬
tioned and provided for in the act passed at the last session of the Legislature
of this State, to authorize the City of Bangor to loan its credit to aid in the
construction of the Railway of this Company; and the said Directors are
also authorized to make, execute, and deliver the scrip of the Company to
the Treasurer of said City of Bangor, as contemplated and provided for in
said act.
Voted, That the Directors of the European and North American Railway
Company be, and they are hereby authorized and empowered to execute, or
cause to be executed, and deliver to the City Treasurer of the City of Ban¬
gor, a mortgage of the Railroad of the Company from Bangor to Winn, to
secure the payment of the scrip of said City, issued to this Company in
accordance with the provisions of said Bangor Loan Act.
Voted, That the Directors of the European and North American Railway
Company be, and they are hereby authorized and empowered to do all acts
and things whatever which may be found necessary to carry into full effect
75
the objects and intents of the act aforesaid, authorizing the City of Bangor
to loan its credit to said Company, and to make all arrangements with said
City which may be found necessary to make said loan available.
And whereas said European and North American Railway Company has
finished and completed their line of railroad from the depot of the Maine
Central Railroad, in the City of Bangor, to Milford Village, and the same
has been approved by the present Mayor and Aldermen of said City, as a
first-class railroad, and said Railway Company have acquired the right of
way, according to law, by payment of awards and other land damages, or
by a deposit of the amount thereof with the clerk of the courts as by law
required, which facts have been certified by said Mayor and Aldermen to
the Treasurer of said City, as required by the terms and provisions of said
act, approved the twenty-fourth day of February, A.I). 1868, and said Rail¬
way Company has become entitled to receive from the Treasurer of said
City, for the purpose of building and completing said road to Winn, the scrip
of said City to the amount of one hundred and fifty thousand dollars, part
of the one million dollars which said City is authorized, by said act, to loan
to said Railway Company.
And whereas the President and Directors of said Company for the pur¬
pose of complying with the terms and conditions of said act, on their part to
be done and performed, at a meeting duly called and holden for that pur¬
pose, at the office of said Company, 92 Exchange Street, Bangor, on the
first day of January, A.D. 1869.
Voted, That there be made, executed, and delivered to the City Treasurer
of the City of Bangor, the scrip of this Company, signed by the President
and Treasurer of this Company, payable to the holder thereof, as required
by an Act of the Legislature of Maine, entitled " An Act to authorize the
City of Bangor to loan its credit to aid in the construction of the Eui-opean
and North American Railway, approved by the Governor of said State, the
twenty-fourth day of February, A.D. 1868," at the same time, and for the
same amount as the scrip issued by said City Treasurer to said Company,
under said Act, with the coupons for interest attached signed by the Trea¬
surer of this Company, and also that there be made, executed, and delivered
to the said City Treasurer the bond of this Company, in the penal sum of
two million dollars, being double the amount of scrip authorized to be issued
by the act aforesaid, which bond shall be made payable to said City, and
conditioned that said Company will duly pay the interest on such scrip of
said City, as shall be issued under and by virtue of the act aforesaid, and
also all the principal thereof according to the tenor of the scrip, and in all
respects that said Company will hold and save harmless said City on account
of the issue of the same, and that there shall be made, executed, and deliv¬
ered to said City a mortgage of their railroad, from its terminus in Bangor,
to the Tannery Village, or near thereto, in the town of Winn, to and includ¬
ing a depot and turn-table there, and all the land and personal property held
and used by said Company for the construction and working of said road
between said two points, with all the fixtures and appendages and appurte-
76
nances thereof, and the whole franchise of said Company to the line of the
State without prior incumbrance, and also all the rolling stock which shall
be owned by said Company on said road, through its entire extent from
Bangor to the east line of the State, and that the President and Treasurer
of said Company be, and they are hereby authorized to execute said bond
and mortgage in the name of, and for, and on behalf of said Company, and
affix the seal of said Company thereto, and acknowledge the execution of
said mortgage, and deliver said bond and mortgage to the Treasurer of said
City simultaneously with the issue of the scrip of the City as provided in
said act.
Now therefore, know all men by these presents, that the European and
North American Railway Company in consideration of the premises, doth
hereby, give, grant, bargain, sell, and convey to said City of Bangor, their
railroad from its terminus in Bangor, to the Tannery Village, or near
thereto, in the town of Winn, to and including a turn-table there, and all the
land and personal property held and used by said Company for the con¬
struction and working of said road between said two points, with all the fixt¬
ures, appendages, and appurtenances thereof; and the whole franchise of
said Company to the line of the State without prior incumbrance, and also
all the rolling stock which shall be owned by said Company, on said road,
through its entire extent from Bangor to the east line of the State.
To have and to hold the aforementioned premises, with all the privileges
and appurtenances thereto belonging, to the City of Bangor and its assigns
forever, Provided nevertheless, and this conveyance is on the condition,
that if the said Railway Company shall duly pay the interest which shall
from time to time accrue and become payable upon each and all the certifi¬
cates of said scrip and the principal thereof when due, and in all respects
hold and save said City harmless on account of the issue of said scrip, and
shall well and truly execute and fulfil all the conditions contained in the
bond aforesaid, which is of even date herewith, then this deed, and also the
bond aforesaid, and also the scrip of said Railway Company, bearing date
the twentieth day of January, A.D. 1869, which is this day issued by said
Company, in pursuance of the terms and conditions of the act aforesaid to
the City of Bangor, as collateral security for the issue of the said scrip of
said City, shall be void and of no force or effect.
In witness whereof the President and Directors of said European and
North American Railway Company, acting in their official capacity, have
caused the name of said Company to be hereto signed, and its seal affixed
by its President and Treasurer thereto duly authorized as aforesaid this
twentieth day of January, A.D. 1869.
European and North American Railway Company,
By G. K. Jewett, President. [Seal.]
N. Woods, Treasurer.
Signed, sealed, and delivered in presence of
Chas. P. Stetson.
77
State of Maine, Penobscot, ss. January 21, 1869.
Personally appeared the above-named G. K. Jewett and Noah Woods,
respectively President and Treasurer of the European and North American
Railway Company, and acknowledged the above instrument by them signed
in their said capacity, as said President and Treasurer, to be their free act
and deed, and free act and deed of said European and North American
Railway Company. Before me
Chari.es P. Stetson,
Justice of the Peace.
This mortgage is made to secure a bond, which bond is duly stamped
with stamps to the amount of one thousand dollars, as provided by laws of
the United States.
DEED. GOVERNOR OF MAINE TO EUROPEAN AND NORTH
AMERICAN RAILWAY COMPANY.
Know all men by these presents, That I, Joshua L. Chamberlain, Gov¬
ernor of the State of Maine, by virtue of the authority conferred on me by
an Act of the Legislature of said State of Maine, entitled " An Act to aid
in the construction of the European and North American Railway," ap¬
proved on the third day of March, in the year of our Lord one thousand
eight hundred and sixty-eight, in consideration of one dollar paid by said
Railway Company, the receipt whereof is hereby acknowledged, do hereby
transfer and convey to said European and North American Railway Com¬
pany all the timber and lands belonging to said State situated upon the
waters of the Penobscot and Saint John rivers, to be used by said Com¬
pany to aid in the construction of its contemplated line of railway as con¬
templated and provided for in an act entitled " An Act to provide means
for the defence of the North-Eastern Frontier," approved March the twen¬
ty-fourth, in the year of our Lord one thousand eight hundred and sixty-
four, and an act approved February twenty-first, in the year of our Lord
eighteen hundred and sixty-six, and subject to all the reservations in and
obligations imposed by said acts, except as therein provided: and reserva¬
tions of land required by law for public uses.
Said lands are more particularly described by letters, names, numbers,
and ranges, as follows, viz.: Eleven (11). Amity, B. Eastern, Fort
Fairchild, Eaton Grant, Plymouth Grant, E. F. G., in the first range of
townships West from East line of the State: For Presque Isle, Maysville,
Lyndon, I. M. L., in the second range of townships West from the East
line of the State: South half No. 2, numbers five (5), nine East half
E(9^), eleven (11), twelve (12), thirteen (13), or Washburn, fourteen
(14), fifteen (15), eighteen (18), in the third range of townships West
from the East line of the State: four (4), South-West quarter six (S. W.
\ 6), North-West and South-East quarters eight (8), nine (9), twelve (12),
78
thirteen (13), fourteen (14), seventeen (17), in the fourth range of town¬
ships West from the East line of the State: East half two (E. 2), three
now Sherman, four (4), six (6), eight (8), nine (9), ten (10), now Masar-
dis, eleven (11), now Ashland, twelve (12), fifteen (15), eighteen (18), in
the fifth range of townships West from the East line of the State : three
(3), five (5), eight (8), nine (9), eleven (11), thirteen (13), sixteen (16),
seventeen (17), eighteen (18), in the sixth range of townships West from
the East line of the State: North-East quarter and South half five (5),
nine (9), ten (10), North-West quarter four (N. W. £4), eleven (11),
thirteen (13), fifteen (15), part of seventeen (pt. 17), sixteen pt. (16 pt.),
eighteen (pt. 18), in the seventh range of townships West from the East
line of the State : A, part seventeen (pt. 17), in the eighth range of town¬
ships West from the East line of the State: seventeen (17), in the ninth
range of townships West from the East line of the State : B, one undivided
half 17, in the tenth range of townships West from the East line of the
State : thirteen (13), in the eleventh range of townships West from the East
line of the State : undivided West half twelve in the fourteenth range of
townships West from the East line of the State : West half seven (W. \ 7),
eight (8), in the fifteenth range of townships West from the East line of the
State: Seven (7), eight (8), nine (9), South half eleven (S. ^ 11), in the
sixteenth range of townships West from the East line of the State : five
(5), part of eleven (pt. 11), in the seventeenth range of townships West
from the East line of the State: four (4), six (6), seven (7), eight (8),
nine (9), in the eighteenth range»of townships West from the East line of
the State : five (5), six (6), seven (7), in the nineteenth range of townships
West from the East line of the State: five (5), in the twentieth range of
townships West from the East line of the State: part of Indian townships
numbered three and four, three in the fifth range and one undivided half of
West half of three in the third range of townships North of Bingham's
Kennebec Purchase: Gore of land adjoining Westfield and township 10 R.
3, West from the East line of the State: And all other lands belonging to
the State whether described or not, situated upon the waters aforesaid.
The schedule of laud herein is intended as a description of the interest of
the State in the several townships described, whether in whole or in part as
the same may be, without guarantee as to quantity in each, but containing
in all one million acres more or less.
This deed is made with the understanding and agreement on behalf of
the European and North American Railway Company that in case the Ban¬
gor and Piscataquis Railroad Company shall construct their railroad and
comply with the terms and stipulations of the second Section of an Act en¬
titled " An Act to revive and extend the Charter of the Bangor and Pisca¬
taquis Railroad Company,—Approved February 2Sth, 1867," and within
the time therein named, then the said European and North American Rail¬
way Company shall and will release and convey to the said Bangor and
Piscataquis Railroad Company, its successors and assigns, all the lands lying
in the County of Piscataquis granted by the State of Maine to aid in the
79
construction of a branch line of the European and North American Railway-
to the State quarries in the valley of Pleasant River at Brownville and
to the Katahdin Iron Works, as provided in chapter four hundred and one
of the special laws of eighteen hundred and sixty-four entitled "An Act to
provide means for the defence of the North-Eastern Frontier," approved
March 21th, 1864.
To have and to hold the same with all the appurtenances thereof, to the
said European and North American Railway Company, its successors and
assigns, to its use and behoof forever for the purposes named in, and subject
to the reservations contained in, and the obligations imposed by the several
acts above named.
In testimony whereof, I, the said Joshua L. Chamberlain, Governor of
said State of Maine, have hereunto subscribed my name and caused the seal
of the state to be affixed this 13th of May, in the year of our Lord one
thousand eight hundred and sixty-eight.
J. L. Chamberlain. [Seal.]
Franklin M. Drew, Secretary of State.
Signed, sealed, and delivered in presence of
Wm. B. Erye.
State of Maine.
Cumberland Co. ss. May 13, 1868.
Then personally appeared J. L. Chamberlain, Governor of Maine, and
acknowledged the above instrument to be the free act and deed of the State
of Maine.
Before me, Wm. P. Frye, Attorney-Qeneral, and Justice of the
Peace for the State of Maine.
Received May 15, 1868, 5 h., 30 m. p.m. Entered and compared
By Amos E. Hardy, Registrar.
State of Maine.
Penobscot, ss. Registry of Deeds.
Bangor, Oct. 2, 1868.
The foregoing is a copy from the Records of Deeds for said County,
Vol. 379, pages 8, 9, 10, & 11.
Attest: Amos E. Hardy, Registrar.
Office of the European and North American Railway Compvny.
Bangor, Jan. 28, 1869.
Hon. Isaac R. Clark.
Dear Sir, — Your official position in charge of the public lands in the
State of Maine, for a long term of years, suggests this application to you
for information relative to the value of the timber lands granted (while you
80
were land agent) by the State of Maine to the European and North Amer¬
ican Railway Company, to aid them in the construction of their road, and
the best and most timely way of disposing of them.
Very truly yours,
6. K. Jewett, President.
Bangor, Feb. 5, 1869.
My dear Sir, —In reply to your note of the 28th ult., asking my opinion
of the value of the timber lands granted by the State of Maine in aid of the
European and North American Railway Company, my judgment is that an
early sale of these lands could not be reasonably looked for above the gov¬
ernment minimum price of one dollar and a quarter per acre. But such
lands are increasing in value every year more than the gain in growth of
timber; and, as the railways develop northern Maine, you will in a few years
find you have very valuable possessions in these lands, and that they will be
sought for at prices that will afford your railway a much larger amount.
I should advise you to hold them as an investment until the opening of
your road and branches makes them more accessible to the timber markets
of the country.
Very respectfully, your obedient servant,
Isaac R. Clark.
Hon. Geo. K. Jewett, President of the E. & N. A. Railway Co.
VOTE OF STOCKHOLDERS AUTHORIZING DIRECTORS
TO MORTGAGE.
Office European and North American Railway Company.
At a meeting of the Stockholders, duly notified, held the twenty-first day
of July, 18C8, at the office of the Company, No. 92 Exchange Street, Ban¬
gor, it was voted,
" That the Directors of this Company be and they are hereby authorized
to issue the bonds of this Company for such an amount as they may judge
proper, not exceeding three million dollars, payable at such time as they may
fix upon, and payable, principal and interest, in United States Currency, or
in coin, or in pound sterling, and in the City of New York or the City of
London, England, as they may find most advantageous to the Company,
and upon such time as they may think proper, not exceeding forty years
from their date, and make a mortgage upon the lands of the Company, and
upon the franchise, rights, property and railroad of the Company from Ban¬
gor to the Eastern boundary of the State, to secure the payment of said
bonds and interest thereon."
A true copy of the record.
Attest: N. Woods, Clerk.
81
APPROVAL OF TRUSTEES BY GOVERNOR OF MAINE.
Office European and North American Railway Company.
Governor J. L. Chamberlain approved of the appointment of Messrs.
Washburn and Coburn as Trustees under the provisions of the fourth sec¬
tion of an Act entitled " An Act to aid in the construction of the European
and North American Railway," approved March 3, 1868, and so notified
the Company by letter, of which the following is a copy : —
State of Maine,
Executive Department.
Augusta, Aug. 19, 18G8.
Hon. G. K. Jewett, President of the European Railroad.
My dear Sir, — I have received the certified copy of the vote of your
Corporation naming Hon. Israel Washburn and Hon. Abner Coburn as
Trustees in connection with the recent grant of the Legislature in aid of the
European Railroad, and it gives me much pleasure to approve your choice.
If you will forward me another copy of your vote, I will indorse and
return it, if you so desire: otherwise this notice will be sufficient.
Very truly yours,
Signed, J. L. Chamberlain.
A true copy of the record.
Attest: N. Woods, Clerk.
The following bill has been reported in the Senate of the United States
by Senator Sumner, of Massachusetts. It was agreed to in the Senate
Committee on Foreign Relations : —
Be it enacted, &e., That, whereas the State of Maine has appropriated for
the use of the European and North American Railway Company of Maine,
for the construction of a railway essential to the defence of the North-west¬
ern portion of the United States, the proceeds of all her claims against the
United States prior to the year 1860; and, whereas the Commonwealth of
Massachusetts has assigned to the State of Maine, in trust for such railroad
company, the claims held jointly with Maine against the United States, the
Secretary of the Treasury is authorized and required to audit the interest
account of Maine and Massachusetts for advances for the United States dur¬
ing the war of 1812—'15 with Great Britain, upon the basis that the claim for
these advances belonged, after the separation of the two States, one-third to
Maine, and two-thirds to Massachusetts, reckoning interest at six per cent
per annum, and according to the following rules, to wit:
Interest shall be calculated to the time of any payment made. To this
interest the payment shall first be applied, and, if it exceed the interest due,
11
82
the balance shall be apj lied to diminish the principal. If the payment falls
short of the interest, the balance of the interest shall not be added to the
principal, so as to produce interest.
Secondly, Interest shall be allowed to Massachusetts or Maine on those
sums only on which these States either jjaid interest or lost interest by trans¬
fer of interest bearing fund. These rules having been applied to the case of
Maryland by the 12th section of an act approved on the 3d of March, 18.31.
Sect. 2. And be it further enacted, That the Secretary of the Treasury is
hereby authorized and directed to deliver to the States of Maine and Massa¬
chusetts, for the use of the European and North American Railway Com¬
pany, an amount of bonds of the United States equal to all sums ascertained
to be due to such States, as directed to be audited and fixed by the first sec¬
tion of this act, which bonds shall be of the denomination of $1,000 each,
payable principal and interest in lawful money of the United Slates, the
principal of the bonds being made payable in thirty years from their date.
These bonds shall be made and issued by the Secretary of the Treasury
in the usual manner, duly attested, and bearing interest at the rate of six
per cent per annum, payable semi-annually.
Killarriev
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].ilkoi.Ifarr)Seibert&BrosXeviToiktedierBuiiiiing 182"WilLiaraSt.CorSpruceliY.
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000,000
(i
ojrmsf
Issued to aid In completing this Road from WINN to the IIoumiahy Link ov tub > 1 a rr. ok Maine,
at YANCEBORO'.
SECURED By FIRST AND ONLY MORTGAGE
ON 58 MILES OF RAILROAD,
AND
i)lQHT J4UNDF(ED fhlOU^ND ^CF(Eg OF LAND-
(And, in addition thereto, by a second mortgage 011 the entire Koad and E'piipm. nf- from Bangor
to Winn, (5ti miles.) This portion cost 82,300,000, and the City of Bangor ha- a jnorigage thereon
for 81,000,000, to secure its Bonds for said amount issued to the Company )
BONDS ARE F'Ofl SIOOO EACH!
Due March 1, 1899,
INTEREST, 6 PER CENT. PER ANNUM,
BOTH PltlNCIPAL AND INTEREST PAYABI.L IN
GOLD COIN !
Free irom Government Tax !
Coupons Payable in New York, March 1st end September 1st, Each Year!
Bonds will be Registered by the Treasurer, if desired. < nuppns made payable in I.«ih|>>ii, England,
( £6 each,) if preferred. Bonds receivable by the Trustees at par and interest in pavmrnt for'Tamls,
Trustees authorized to pay par and interest for these Bond* for Sinking Fun in> nients.
THESK VERY DESIRABLE SECURITIES FOR SALl. VT
NINETY AND ACCRUED INTEREST, IN CURRENCY!
Government Bonds and other securities received, at highest market prices, in ••xHi:nn:r for above —
tree ot Brokerage and Express charges.
elxas atssmxtx,
Principal At/enl of the Company for the i>a/< tf said llondx,
BANGOR, MAINE,
t3**A Trunk Line, without competition, and the ONLY Railw ay connecting
the United States and British Provinces, (New Brunswick and Nova Scotia.)
SAID BONDS FOR SALE BY x
SWAN & BARRETT, No. 100 Middle Street,
PORTLAND, MAINE.