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Hiotographic
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Corporation
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ORGANIZATION
OP THE
(lt>nwpm\ and MM %mmm
RAILWAY COMPANY.
CiiATTON & Mkdole, Printers, 4 Thames Street, Trinity Building, N. Y.
H
1-2/90
OFFICERS AND DIRECTORS
OF THE
€wmm a«b Iori| ^nietkait ^Aafi CmnnanB.
m ■■■ »
JOHN A. POOR, Esq., of Portland, President.
Hon. JOSEPH EATON, op Winslow.
Hon. CHARLES J. OILMAN, of Bruns7/tok.
RUFUS DWINEL, Esq., of Bangor.
GIDEON MAYO, Esq., of Orono.
A. C. MORTON, Esq., of New York.
S. H. DALE, Esq., of Bangor.
HoN. NOAH WOODS, op Bangor.
ilST? OF DOCTTMEUTS.
1. (5iarter ot European & North American Rail-way Com-
pany, August 20, 1850.
2. Act extending Charter of European & North American
Railway Company, March 29, 1853, and By-Laws of the
Company.
3. Act extending Charter of European & North American
Railway Company, February 20, 1856.
4. Resolves in favor of a Military Road, Jan. 31, 1863.
5. Act extending Charter of European & North American
Railway Company, March 25, 186:5,
6. Act extending Charter of European & North American
Railway Company, Feb. 20, 1864.
7. Act granting aid from State of Maine to European &
North American Railway Company, March 24, 1864.
8. Act authorizing Loan of Credit of the City of Bangor to
European and North American Railway Co. March
25, 1864.
9. Certificate of vote of Bangor. September 12, 1864.
10. Resolves inviting Massachusetts aid. March 25, 1864.
11. Resolves asking aid from U.S. Gov't. March 25, 1864.
12. Bill reported by House Committee of Congress. June
20, 1864.
13. Application of Governor of Maine to Secretary of War,
for appointment of Engineer.
14. Facility Bill in New Brunswick.
15. Charter in New Brunswick.
16. Resolve of Nova Scotia.
17. Certificate of Attorney General of Maine.
i^No. 1.)
STATE OF MAINE.
IN THE YEAR OP OUR LORD ONE THOUSAND SIGHT HUNDRED AND
FIFTf.
AN ACT to incorporate the European and North American Raikoay
Ccmpany.
Be it enacted bt/ the Senate and House of Mepresentatives in Legislature
assembled, as follows :
Sec. 1. Elijah L. Hamlin, Ansou G. Chandler, JohnA. Poor, Moses L. Apple-
ton, Samuel I*. Strickland, Leonard March, Wyman B. S. Moor, Daniel W. Brad-
ley, George W. Pickering, Waldo T. Pierce, Rufus Dwinel, Josiah S. Little,
Jamea B. Cahoon, Charles Q. Clapp, F. O. Ju Smith. John B. Brown, John An-
derson, George P. Shepley, Henry Carter, Thomas J. D. Fuller, John Stickney,
George M. Chase, George Downes, NoaU 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 reme-
dies at law and in equity, to secure and protect them in the exorcise and use of
the rights and privileges, and in the performance of the duties hereinafter grant-
ed and enjoined, and to prevent all invasion thereof, or interruption in exercise
ir.g and performing the same. And the said corporation are hereby authorized
and empowered to locate, construct, and finally complete, alter and keep ia re-
pair a railway, with one or more sets of rails or tracks, with all suitable bridges,
tunnels," viaducts, taraouts, culverts, drains, and all other necessary appendages,
from the city of liangor, crossing Penobscot 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 tUfcre
with a railway to be constructed from said city of St. John to said Eastern boun-
dary, under a charter from said Province, with the like name as is used in this
charter, as the directors of said corporation 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 corporation shall be, and hereby are, invested with all the powers,
privileges and immunities, 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 siiall have the right to purchase, or to take and hold so much of tiie
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 construction and
repair of said lailroad and appurtenances, any earth, gravel, stone, timber ot
2
6
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M
ether mnterialfi, on or from the land go tiikcn. Provided, howivtr, that eaid
land so tiikon, shall not exceed six rod.s in width, exec pt wiicro (iiinter width is
nocesFary for the purpose of excavation or embankment: a7ul provided, a/so,
that in all caeeH, said corporation shall pay for such lands, estate or materials so
token 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 .'he county commissioners, for the county where such land or other projierty
may be situated, in the same mann( r. and under the same conditions and limi-
tations, as are by law provided in the case of damages by the laying ont ot high-
ways, And the land so taken by said corporation, shall be held as lands taken
and appropriated tor public highways. And no application to said commission-
ers 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 railroad
shall pass through any woodlands or forests, the said con pany shall have the
right to fell and remove any trees standing therein, within four rods I'rcni such
rtiad. which by their liability to be blown down, or from their natural tailing,
might obstruct or impair said railroad, by paying a just compensation therefor,
to he recovered in the same manner as is provided for the recovery of other
damages in this act, And furthermore said corporation shall have all tiie pow-
ers, privileges and immunities, and be subject to all the duties and liabilities,
provided and prescribed, respecting railroads, iu chapter eighty-one of the revis-
ed statutes, not inconsistent with the express provisions of this chapter.
§ 2. When said corporation shall take any land, or other estate, as aforesaid,
of any infant, person non compos mentis, or femme covert, whose husband is under
guardianship, the guardian of such infant, or person non compos mentis, and
such feramu covert, with the guardian of her husband, shall have full power and
authority to agree and settle with said corporation, for damages or claims tor
damages, by reason of taking such land and estate aforesaid, and give good and
valid releases and discharges therefor.
^ 3. The capital stock of said corporation shall consist of not less than ten
:thou8and, nor more than forty thousand shares; and the immediate govern-
ment and direction of the affairs of said corporation, shall be vested in seven,
nine, or thirteen directors, who shall be chos(!n by the members of said corpo-
ration in the manner hereinafter provided, and shall hold their ofhces until others
shall have been duly elected and qualiflcd 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 choo.se 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 di.s-
charge of his trust. And for the purpose of receiving subscriptions to the said
stock, books shall be oi)ened under the direction of the three persons first named
in the first section 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 ohse-
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 newspaper print-
ed in Portland, Augusta, iJangor and Calais, twenty days at least previous to
the opening of such subscription; and in case the amount subscribed 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 ot
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 corporation, by giving notice in une or more
newspapers puldished 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.
§ 4. Said corporation shall have power to make, ordain and establish, all nec-
essary by-laws and regulations, consistent with the constitution and laws of this
State, for their government, and for the due and orderly conducting of their af-
af'irs, and the mauagement of their property.
,*
">
§ 5. The president and directors for the time being are hereby authorized and
onipowered, by tliemselvcs or their ngents, to exeroiBe nil the powers herein
grunted to the corporation, for tiie purpose of locating, confitructing and com-
pleting said railroad, and for the transportation of persons, goods and property
of all descriptions, and all such po\v(?r and authority for the niauagemi'nt of the
ftttnirs of tht; corporation, as may be necessary and proper to carry into eft'oct
the objects of this grant; to purchase and hold within or without the State, land,
materials, engines, and cars, and other necessary things, in the name of the cor-
poration for tile use of said road, and for tlie transportation of pcrsoni, goods
and property of all descriptions; to make s'lch equal assessments from time to
time, on all the shares in said corporation, as tliey may deem expedient and nec-
essary in the execution and the progress of the work, and direct the same to bo
paid to the treasurer of the corporation. And the treasurer shall give notice of
all such assessments; and incase any subscriber or stockholder shall neglect to
pay any assessment on liis share or shares for the spivce ol' thirty days after such
notice is given as shall bo prescribed l)y the by-laws of said corporation, the di-
rector.? may order the treasurer to sell such share or shares at p olio auction,
after giving such notice ai- may be i)re.'cribed as aforesaid, to the highest bidder,
and tlie san\e KJiall be transferred to the purchaser, and such delinquent subscri-
ber or stockholder sliall be held accountable to the corporation for the baltvice,
if his share or .shares shall sell for less than the assessments due thereon, with
the interest and costs of sale; and shall bo entitled to the overplus if his share
or shan.'s shall sell for more tlian 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 ex-
tent ot iiis, htr or their shares in the capital, stock of said company not paid up;
and no assessment sliall be laid upon any shares in said company of a greater
amount in the whole than one huudred dollars.
§ G. A toll i.s hereb3' granted and established for the sole benefit of said cor-
poration, upon all pas.'iengers and property of all descriptions, which may be
convt'yed or transported by them upon said road, at such rate as may be agre"d
upon ami established from time to time, by the directors of said corporation.
The tran.sportation of persons and property — the construction of wheels — the
form of cars and carriages — the weights of loads, and all other matters and
things in relation to said road, shall be in conformity with such rules, regula-
tions and provisions as tuo directors shall from time to time prescribe and direct.
§ 7. Tiiu legislature may authorize any other company or companies to con-
nect any other railroad or railroads, with the railroad of said corporation, 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
siio.U receive and transport all persons, goods, and property of all descriptions,
wiiich 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 tame rates of toll and freight as may be prescribed by said corporation,
so that the rates of freight and toll on such passengers, gflods and other property
as nuiy be received from such other railroads, so connected with said railroad as
aforesaid, shall not exceed the general rates of freight and toll on said railroad
received for freight and passengers at any of the deposits of said corporation.
§ 8. II the said railroad in the course thereof shall cross any private way, the
paid corpoi atiou 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
ihori'of cross any canal, turnpike, railroad, or other highway, the said railroad
shall be so constructed as not to obstruct the safe and convenient use of such
caual, turnpike, or other highway; and the said corporation shall have power
to raise or lower such turnpike, highway, or private way, so that the said rail-
road, if necessary, may conveniently pass under or over the same, and erect such
gate or gates thereon as may be necessary for the safety of travelers on said
turnpike, railroad, highw ly or private way.
§ !). Said railroad corporation shall constantly maintain in good repair all
bridges, with their abutments and cmbaukmeata, which they may construct for
8
(ho purpose of conductiiin tlii-ir rtiilrond over any canal, tiirnpiko, liiglnvay, or
private way, or lor coiulucliiif^ tiiich private way or turnpike over niiid railroad.
§ 10. If said railroad i^liiili in tlie course thereof crosH any tide waters, iiavi
gable riverH or tstreanis, the ^aid eorporaliou are hereby nulliori/.ul and ('in))ow-
ered to erect, for the mde aiid e.xchi.sive travel on their paid railroad, a bridjjc
ncrosH each of »aid riverw or streams, or across any fiueh tide watirH: /uovidcd,
fiaid bridge or brid^jcH nhall be so constructed as not unnecessarily to ot)struct or
impede the navigation of said waters.
1^ 11. Said railroad corporation shall erect and nnuntain substantial, legal and
Buillcient fences on each side of tlie land taken by them lor their railroad, wliere
the same passes through inclosed or improved lands, or lands that may her( after
1)0 improved; and for neglect or failure to erect and maintain such fence, said
corporation .shall be liable to bo indicted in the district court for the county
where such fence shall be insufficient, and to bo lined in such sum as shall be ad-
judged necessary to repair the same; and such fine shall bo e.xpended for the
erection or repair of said fence undei the direction of an agent appointed by
said court, as in cases of lines imposed upon towns for deliciency of highways.
^ 12. The said corporation shall at all times when- the Postmaster General
Bhall require it, be bolden to transport the mail of the United States, from and
to such place or places on said road as required, for a fair and reasoiuiblo com-
pensation. And in case the corporation and the Postmaster General shall be
unable to agree upon the compensation aforesaid, the legitlature 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, und a suf-
llcient number of suitable engines, carriages and other vehicles for the transpor-
tation 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 corporation, fulfilling on its part all and singular the several
obligations and duties by' this section imposed and enjoined upon it. sliall not be
held or bound to allow any engine, locomotive, cars, carriages or other veliicle
for the transportation of persons or merchandise to pass over said railroai' other
than ils own, furnished and provided for that purpose, as herein enjoined and
required. Provided, however, that the said corporation shall be under obliga-
tions to transport over said road, in connection with their own trains, the pas.'en-
ger and other cars of any other incorporated company that may heri'after con-
struct a railroad connecting with that hereby authorized; such other company
being subject to all the provisions of the sixth and seventh sections of this act,
as to rates of toll, and all other particulars enumerated in said sections.
§ 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 anything belonging
thereto, or any material or implements to be employed in the constructioii or
for the use of said road, he, she, or they, or any person or persons assisting, aid-
ing or abetting such trespass, shall forfeit and pay to said corporation for every
such offence, treble suah damages as shall b*e proved before the justice, court or
jury, before whom the trial shall bo 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 oflen-
der or offenders shall bo 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 belbre any court
competent to tr^- the same, shall pay 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.
§ 14. Said corporation shall keep in a book for that purpose, a regular account
of all their disbursements, expenditures and receipts, and the books of said cor-
poration shall at all times be open to the inspection of the governor and council,
and of any committee duly authorized by the legislature; and at the expiration
of every year, the treasurer of said corporation shall make on exhibit under oath
to the ]■ islature, of the net profits derived from the income of said railroad.
§ 15. All real estate purchased by said corporation for the use of the same un-
dcr fli« fifth Bocllon ol' thiH act Hliall be taxnhlt; to said corporation by tlio Reveral
towns, citios and plantations in whicii fluid lands lie. in tlio samo manner as
lands ownod by private persons, and shall in the valuation list bo ostiinati'd tho
same as other val estate of the same '(ualily in such town, city or plantation,
and not otherwise; and the sliares owned by the respective stockholders shall be
deenied personal estate, and be taxable as sucli to the owners tlierttof, in ttie
places where they reside and have their home. And whenever the net income
of said corporation shall liavo amounted to ten per centum per annum, upon tiie
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 niter which time
one moiety or sujh other portion as the legislature may from time to time de-
termine, of the net income of said railroad accruing thereafter over and abovi?
ton per centum per annum first to be paid to thestockholdets, shall aiiiinally ln'
paid over by the treasurer of said corporation, as a ta.x, into the treasury of tlie
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.
§ 10. The annual meeting of the members of said corporation shall bo holden
on the last Wednesday in July, or such other day as shall be determined by tln'
by-laws, at such time and place as the directors for the time being shall appoint;
at whicli meeting the directors shall be chosen l)y ballot, eacli proprietor by
himself or proxy being entitled to as many vote.^ as he holds shan s; and the di-
reetors are hereby authorized to call special meetings of the stockholders when-
ever they shall deem it expedient and proper, giving such notice as the corpora-
tion by their by-laws shall direct.
cj 17. Tlie legislature shall at all times have the right to inquire into the
doings of I lie cor|)()ratlon, and into the manner in which the privileges tuid friui-
chisi's herein and herel)y granted may have been used and employed by said
corporation, and to correct and prevent all abuses of the same, and to p.iss niiy
law s imposing lines and penalties upon said corporation, which may be necessary,
more ellectually to compel a compliance. with the provisions, liabilities and dii-
lii'K liiTeiiibefore set forth an 1 enjoined, but not to impose any other or furthi r
dutie.-;. liabilities, or obligation.-.. And this charter shall not be revoked, annull-
ed, alkOied, limited or restrained without the consent of the corporation, except
by due process of law.
§ IS. li the said corporation shall not have been organized, and the location
aceordiii;,' to actual survey of the route filed with the county commissioner of
the counties through which the same shall pass, on or before the thirty-first day
of i)ec(Uiil)er. 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-lir.st day of December, in the year of ouv Lord one thousand eight hundred
and sixty-live, in either of the above mentioned cases this act shall be null and
void.
§ 19. Said company shall not engage in, nor commence the construction of
any section or sections of said railway, until seventy-five per centum of the es-
timated co.-Jt of said section or sections shall have beer .-'.bscribed for by re-
sponsil)le p(!rsons.
§ 20. If the I'rovinces of New Brunswick and Nova Scoti,., or either of them.
shall, in any li-gal way and manner, constitute this company a company within
its limits and jurisdiction, this company is hereby authorized and empowered to
exercise within said limits and jurisdiction of such Province all the righto and
power.-, ;iud shall have and enjoy all the privileges and immunities which it
could have, e.xercise or enjoy within this State.
§ 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 territories where said com-
pany may exercise or enjoy any of the powers, privileges, or immunities herein
granted to it.
Approved, August 20th, 1850.
10
STATE OF MAINE
IN THE YEAR OF OUR LOUD ONE THOUSAND EIGHT HtTNIIRED AND
FIFTY.
AN ACT concerning the European and North American Railway
Company.
Be it enacted by the Senate and House of Beprexentatives in Legislature
assembled, as foUows :
In ca:,e tie European and Nortb Ameiiciin Railway Company pball be con-
stituted 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 in-
crease its capital stock, in shares of one hundred dollars each, to an amount
equal to ibe cost of constructing said road, so incorporated and constituted, not
exceeding the number of one hundred and liity thousand shares in all.
In the House of Representatives. August 2Cth, 18.50.
This bill having had three several readings, passed to be enacted.
SAMUEL BELCHER, Speaker.
In Senate. 26th, 1350,
This bill having had two se\ eral readings. i)assed to be enacted.
PAULINOS M. FOSTER. President.
Approved, August 27th, 1850.
JOHN HUBBARD.
Secretary's Oflicp, Augusta". Aug. 27th. 1850.
I hereby certify that the foregoing is a copy of the original depos-ited in this
office.
ALDEX JACKSON, Drputy Secretin of Stat".
STATE OF MAINE.
lxFa?>OIiVE in favor of the European and North Avieriran Railuiay
Company.
Resolved, That the Governor be authorized to cause a reconnoisance and pre-
liminary survey to be n)ade of a route fo'- said railway, from the City oC Bangor,
crossing the Penobscot River north of the Bangor and Brewer Brid;ii'. over the
most practicable and direct route, in a line to the City of St, John, in New Bruns-
wick, to the F-istern boundary of the State, .^o as to connect there witli a rail-
way to bo constructed from said (/ity of St. Joiin to said Eastern boundary.
Resolved, That the Governor be authnri/cd to druw his warrants upon the
Treasury, from time to time, not exceeding the sum of five thousand dollars, to
defray tbo necessary expenses of said reconnoisance and survey; said sum to be
expended and paid under the direction of the Governor and Council.
Resolved, That the persons coiiducting said survey shall (examine and report
such geological and mineralogical evidence and facts as shall be discovered by
them, in making such survey.
Read and passed.
Read and parsed.
Approved.
In the Hotise of Representatives, August 20th, 1850.
SAMUEL BELCHER, Speaker.
In Senate, August '.;Otb, 1850.
PAULINUS M. FOSTER, President.
JOHN HUBBARD.
11
Secrotary'3 Office, Augrist 20th, 1850.
I herebv certify that the foregoing is a true copy of the original deposited in
this office.
ALDEN JACKSON, Deputy Secretary of State.
STATE OF MAINE.
RESOLVE in regard to the European and North American Railway
Company.
Reealveii, That the Governor is hereby anlhori:ied and empowered to commu-
nicate to the President and Congress of ihe United States, from time to tirac.
such information as he may deem it advisable to It-y before them, as to the ad-
vantages of the route through Maine, proposed for the European and North
American Railway lor securing the most rapid means of communication between
Europe and America, and to invite such eo operation on the part of the General
Government in aid of the same, as the interests of Maine may require.
In the House of Representatives, August 26th, 1850.
Read and passed.
SAMUEL BELCHER, Speaker.
In Senate, August 2Gth, 1850.
Read and passed.
PAULINUS M. FOSTER, President.
Approved, August 28th, 1850.
JOHN HUBBARD.
Secretary's Office, Augusta, August 31. 1850.
I hiU'(>by coitil'y tliaJ, the ftyogoing is a true copy of the original deposited ia
this office.
JOHN G. SAWYKR, Secretary of State.
(No. 2.)
STATE OF MAINE.
IN THE YKAK OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND
FIFTY-THREE.
AN AC/V to proride for Certain. Ra i/ ran d ammcf ions for th^ Ejuropcan
and North American Raiiwtty Com'pamj.
Be it mnrhd by (he SemtJe and House of Jifpresentatives in Legislature assembled,
asfolloirfi :
Sec. 1. The European and North Auiericim Kailway Company ia hereby
authorized to connect its railroad, at Bangor, with tlie Penobscot and Keuue-
bcc llailniad, upon such terms and arrangements that all passengers, mei--
chaudise and property coming from or destined to the road of said European
and North American Railway Company, shall be transported over said Penob-
scot and Kennebec Railv^ad, at rates of fare and freight as favorable as shall
at the same time be established or allowed by sa'd Penobscot and Kennebec
Railroad OiMupany for any other passengers, merchandise, or property trans-
ported ovtif the road of said company.
i§ 2. Any railroad company, which has bei-n, or maj' hereafter be chartered
by tho Leyisluture, with authority to extend its roau to auj point on the char-
iii'
12
terod route of t^e Penobscot and Kennebec Railroad, shftll be at liberty io
connect its road with said Penobscot and Kennebec Railroad, upon either
Bide thereof and all passengers, merchandise, or other property eqming from
or destined to such connecting road shall be transported over said Penob-
is( ot and Kennebec Railroad, to or from the point of connection, at rates of
fnre and freight as favorable as shj.U at the same time be established or al-
lowed by said Penobscot and Kennebec Railroad Company, for any other
pafsengers, merchandise, or property transported over the road of said com-
pany.
§ 3. All passengers, merchandise and property transported over any con-
recting road mentioned in the two preceding sections, coming from or
destined to the Penobscot and Kennebec Railroad, shall ba carried, received,
and delivered by snch connecting company, at rates of fare and freight as fa-
vorable as shall at the same time be established or allowed by such connecting
I'ompnny for any other passengers, merchandise, or property transported
over such connecting road.
v|j 4. If any of ihe connecting companies aforesaid shall be unable to agree
with the Penobscot and Kennebec Railroad Company, in respect to the place
or maimer of connection with said T!'ailro<'d,orin respect to the terms of such
connection, or the rates of fare and freight thereon, both for local and through
business, or the division ol receipts resulting from transportation ovei the
roads so connected, either party may apply to the Supreme Judicial Court,
bolden at any term, within any county in which either of such connecting
roads ^hall be located, for the appointment of commissioners, to determine
upon the matter of such disagreement. Such notice of said application shall
be given to the other party, as the Court may direct, and thereupon the Court
shall appoint three Commissioners, who shall, upon due notice to the parties
interested, and aft^^r hearing the same, proceed to determine and award, in
writing, upon the matter submitted to them, a .d prescribe the things to be
done and performed by the parties, or either of them ; and said Commission-
ers shall award costs to either party at their discretion. The award of said
Comuiissioneis, or a majority of them, shall be returned to the Court, in the
county where tlie application was made, and the same shall then be accepted
and recoided, unless the Court, for cause shown, shall order the same to be
recommitted, for further hearing and determination. And upon the accept-
ance 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 appli-
cation therefor ; but no application for a further award shall be made Avithin
one year after the acceptance of a preceding award.
§ 5. The Court shall have the power to prescribe the mode of proceeding
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.
§ 6. The capital stock of the European and North American Railway Com-
pany 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.
§ 7. The European and North American Railway Company is hereby
auihorized to purchase or lease any portion of anv other railroad, which has
been chartered and located, or may hereafter be located between the City of
Rangor and the eastern boundary of the .State, and may purchase or lease the
Penobscot jd Kennebec Railroad, so as to form a connected line of road
from the boundary aforesaid to the western terminus of said Penobscot 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 . part of the stock and franchise of the European and North
American Railway Company; and all the privileges and power.s acquired by
such purchase shall be held and enjoyed under the charter of said company,
find said company shall be required to perfoim and discharge ail the duties
and liabilities imposed by law upon the company whose road shall be so pur-
chased.
§ 8. A further time of one year from the passage of the act is hereby grant-
ed, 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.
§ 9. This act shall take effect from and after its approval by the Governor.
In the Hopse of Representatives, March 28, 1853.
This bill having had three several readings, passed to be enacted.
, JOHN C. TALBOT, Jb., Speaker.
In Senate, March 28, 1853.
This bill having had two several readings, passed to be enacted.
SAMUEL BUTMAN, President.
March 29, 1853. Approved. ' WM. G. CROSBY.
Secretary's Office, Augusta, May 5, 1853.
I hereby certify that the foregoing is a true copy.of the original deposited
in this office.
ALDEN JACKSON, Deputy Secretary of State.
EUROPEAN AND NORTH AMERICAN RAILWAY.
The undersigned, the three persons first named in the section of an act
passed by the Legislature of Maine, and approved the twentieth da^' of August,
A. D. 1850, entitled "An Act to incorporate the European and North Ameri-
can Railway Company," and being specially authorized therefor in and by
said act, hereby give public notice that, for the purpose of receiving subscrip-
tions to the Stock of said Company, as established by the act aforesaid,
according to the provisions thereof, not exceeding one hundred and fifty
thousand shares, books of subscription will be opened under the dii-ection of
the undeiajgned, according to the regulations prescribed, at the times and
places following, viz. :
At Calais, with Noah Smith, Jr., on the 8th day of June next.
At Bangor, with Waldo T. Pxeeoe, on the 8th day of June next.
At Augusta, with B. A. G FuojEh, on the 10th day of June next
At Portland, with John M. Adams, on the 11th day of Juno next.
Said books will remain open for ten successive days, at the places and with
the persons aforesaid.
Dated at Portland, this sixth day of May, A. D. "'853.
ELIJAH L. HAMLIN,
ANSON G. CHANDLER,
JOHN A. POOR.
BY-LAWS
Meetmgs~how called.
1st. All meetings of the Stockholders shall be held at such place as the Di-
rectors for the time being shall appoint, and shall be called by a notification,
published two weeks successively in two at lea?t 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 Corporation. No other business
shall be transacted at any special meeting of Stockholders but such "S relates
to the objects specified in the notification.
14
' Meetings — B'lsiness at.
2d. 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 pioiy, Stockholders 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 tho presiding officer at the meeting,
who shall deliver the same over to the Clerk, to be pu'i and remain on file in
his office.
Meetings— how ordered,
3d. 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 ou the third Tuesday 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 may deem it
expedient. It shall also be the duty of the Directors to order a special meet-
ing, whenever requested, on the written application of Stockholders owning
not less than one-twentieth of the whole amount of Capital Stock subscrib-
ed for.
Manner of Voting.
4th. Questions coming before the Stockholders at any of their meatings
may, ' 7 common consent, be decided by hand vote. If any Stockholder dis-
sents from adopting that mode, the question shall be resolved by ayes and
noes, by ballot, voting by shares. In all cases of voting by shai'es the ballot
shall have written on the back thereof the number of shares which the person
voting owns or represents, authenticated by the signature of the person
throwing the ballot; and m 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.
Directors — their numbei', qualifications aiid term of office, powers and duties.
5th. The'Board of Directors shall consist of thirteen mer^bers, until a dif-
ferent number shall be fixed upon at an annual meeting of the Stockholders,
of whom not less than a majority of the whole number shall always be resi-
dent citizens of Maine; and each member of the Board must be, at the tine
of his election, a Shareholder in the Capital Stock of the Company; and they
shall hold their office 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. Whenever any Director, having been a resident citizen
of Maine at the time of his election, shall remove out of the State, and when
any Director shall cease to be a Shareholder, his office shall thereby become
vacant. Whenever any vacancy shall happen in the Board of Directors, it
may be filled by a new election by the remaining Directors. The Directors
may establish rules for the proper regulation of their own proceedings and
th-^ orderly performance of their duties. They shall fix and determine the
compensation of their officers and agents. They may erect such buildings,
store-houses, wharves and work-shops as they may deem advantageous and
for the interests of the Company. They may sell and dispose of any real
estate or personal property belonging to the Company, whenever in their
opinion the interests of the Company would be best promoted thereby. They
shall have authority to lease any real estate 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 char-
ter, 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, 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
1
16
By
ill
upon the corporation, superintend the conc!"ct and doings of the different
oflioers 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. Directors not present at any meet-
ing of the Directors may be allowed to vote by proxy, by giving such proxy
in writing to some one of the Directors who may be present, but no Director
shall be allowed to vote on more than one proxy thus held in addition lo Lis
own vote; all such proxies to be entered upon the record of such meeting.
The Directors may appoint agents residing in any other State or County,
to be designated Associate Directors, and vest in such Associate Board such
powers ns may be necessary to enable said Board thus appointed to open
transfer books, make sale of the Shares or of the Bonds or other securities
of the Company, with authority to exercise on behalf of this Company all the
powers necessary to carry into effect any votes of the Board of Directors.
Cleric, and his Duties.
Gth. 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 bo entered as of record on the records of the Directors, and be signed
by the Justice or Judge administering the same. 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, on 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 ab-
sence the Directors shall choose a Clerk pro tempore, who shall be sworn in
like manner as the Clerk, and perform his duties during such absence; and
in case of the absence of the Clerk at any Stockholders meeting, it shall be
lawful for the Stockholders to choose a Clerk pro tempore.
Treasurer and his Duties.
Tth. The Treasurer chosen by the Directors shall hold his office during
their pleasure. He shall be sworn to the faithful 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, access-
ible to all persons having business with the Corporation, or any of its offi-
cers or agents. He shall keep all deeds, promissory notes, and valuable pa-
pers of the Comijany. He shall collect and receive all assessments, income
and moneys tliat may be due to the Company, and disburse the same as the
Board of Directors shall order. He shall surrender notes and other promis-
sory papern on payment thereof, and discharge such mortgages as may have
been given concerning the same. He shall keep a I'egular set of books con-
taining the accounts of the Company, 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 endorsed or sur-
rendered by him; an abstract of all moneyi^ received and paid; a statement
of all property bought and sold, and such other matters as he or the Board
of Directors may deem important, when called for. He shall make a com-
plete settlement of the accounts and books at least annually, and as much
oftener as the Board of Directors shall require, and shall advise wnat divi-
dends of profits may be made. He shall render an account of his doings to
the Stockholders at tlieir annual meetings. He shall notify the Stockholders
of all assessments in the manner prescribed by the By-Laws. He siiall de-
posit to his credit as Treasurer of the European and North American Railway
Company, and in such bank or banks as the Directors may from time to time
designate, all mouej^s received by him. He shall issue Certificates of Stock
to all persons entitled thereto, and keep auitable booka 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.
■f
im
Common Seal,
8th. This Company shall have a common seal, to be kept and preserved
by the Treasurer, bearing the words and figures "European and North Amer-
ican Railway Company— incorporated August 20th, 1850," and in the centre
a miniature map showing the Atlantic Ferry.
Certificates of Slock.
9th. The holders of shares in said Capital Stock shall be entitled to certi-
ficates 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. : ; ^
EUBOPEAN AND NoBTH AMERICAN RAILWAY CoMPANT.
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. B.] President.
Treasurer.
Tramfer of Stock.
IOth. 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. ;
SHAKES.
EUBOPEAN AND NoBTH AMERICAN ErAILWAY CoMPANT.
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 tr
the By-Laws of the corporation.
Dated at this day of A. D. 18
Witness,
All transfers of Shares shall be recorded either V)y the Treasurer in the
books to be kept in his office, or by an officer duly authorized by the Direc-
tors, 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.
Assessment on Shares.
11th. The President and Directors may from time to timo 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
paid to the Treasurer at such time and place as they shall deem proper, gov-
erning 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 book i ; and
the Treasurer shal' give notice of the amount per share of every sucb assess-
ment, and of the time and place when and where the same will bo 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 they may deem expedient. And
if any Stockholder shall neglect or refuse to pay any assessment or asscss-
n
17
mcnts ou his share or shares in said Company "or the space of thirty days
after the first publication of such notice, the Directors may order the Treas-
urer, 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 der;5g-
uated 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.
Deeds, &c. — IIovo Executed.
12th. All deeds, conveyances and mortgages 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, coun-
tersigned 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.
By-Laws — How Amended.
13th. The By-Laws shall not be altered, restrained or repealed, except at
tlie 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.
(No. 3.)
"AN ACT to revive the charter of the European and North American
Railway Company, and to extend the time for locating and building
the sameP
Be it etMded by the Senate ami House 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 thirtj'-first day of
December, eighteen hundred and fifty-five, is hereby allowed within which
to organize said company and file the location of paid railway; and a further
time of five years within which to complete said rau "ay, in addition to the
time originally allowed by law.
Approved February 20, 1856.
nd
nd
S3-
li
(No. 4.)
Resolves relative to the defences of our Northeast Frontier:
Ee.solved, That Maine expects and earnestly demands that measures be ta-
ken at once by the General Government for the protection of its Northeast
frontier, and that this can be accomplished only by a military railroad from
Bangor to the St. John's River.
Jlesolved, That our Senators and Representatives be instructed to use their
utmost eftorts to obtain the necessary legislation the present session of Con-
gress, and are authorized and requested to take such measures as they may
deem necessary to enable them to make an adequate presentation of the case
to Congress and the departments.
Resolved, That the Go'<'ernor is requested to forward a copy of the forego-
ing resolutions to each of our Senators and Representatives in Congress, and
he is authorized and requested to co-operate with them in such manner as
may be deemed expedient.
Approved January 31, 1863.
18
(No. 5.)
AN ACT to extend the time for completing the European ami North
Amerimn Railway.
Be it enacted by the Senate and House of Repiesenlatives in Legislature assem-
bled, asfoUows:
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 Eailway.
Approved March 25, 18G3.
(No. 6.)
AN ACT authorizing the farther extension of t/ie European and North
Amerimn Railway :
Be it enacted by the Senate and House of Bepreaerdatives in Leyislature assem-
bled, as follows:
Sec. 1. The European and North American Eailway Company is hereby
authorized to enter into contract with the Maine Central Railroiid Company,
for operating its line of railway as built, and the Maine Central Railroad Com-
pany is hereby authorized to contract for this purpose with said railway com-
pany, and to run its engines and cars over said line ; and the directors of the
two companies may enter into contract for the purpose aforesaid, on siich
terms and conditions as may in the judgment of the directors be for the mu-
tual advantage of the two companies, subject to the approval of the stock-
holders of each corporation.
§ 2. The European and North American Kailway 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 Kiver, with the right to pass on either side of the Penob-
scot River, from Oldtown to Lincoln, and to extend a branch line to the Pe-
nobscot boom, crossing any of the islands in the Penobscot River above the
Cook or Steamboat channel, between Oldtown and ©rson 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.
1^ 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 Houltou, 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 iherefor be
granted by the legislative authorities of New Bnmswick.
§ 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 moans of
said railway and other roads in extension of the same, a connected 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 Port-
land 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 liabilities imposed upon th in by the
charter of said company or the general laws of the State, nor shall anything
herein contained in any manner limit or circumscribe any power of theLegis-
10
to
be
is-
latnro of this Stiito to enact laws aflfecting the lights, privileges or duties of
Kaid company ; ard 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.
§ 5. "WhereaH the Europet n and North American Eailway Company has
acquired the rights, franchises, road-bed, right of way, and all other property
of the Penobscot Eailroad Company, it is hereby enacted, that said European
and North American Eailway Company shall have the right to enjoy the
property, road-bed, rights of way, and the rights in land purchased by said
Penobscot Eaihond Company for road-bed, depots and other corporate pur-
IDOses, and all rights of said Penobscot Eailroad Company incipient or per-
fect, of locating and establishing its road on lands of other persons, and all
l*s roadbed, 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 Aiiericau Eailway Company, made or to be made over and upon the
line of said Penobscot Eailroad as built, s' ill not give any new claim of
damages to the owners of lands, whose piop. y was taken by the ]ocatio!i of
the Penfibscot Eailroad, in all cases where waid Penobscot Eailroad Company
has pai.l the land damages, prior to any use thereof by said European and
North American Eailway Company; t.\e rights and properties held by said
Penobscot Eailroad Company shall ' ':realtl dolivor to tho i^aidCity
TreftHuror tho Rcrip of Haid comj»Miiy, payable to tho holder tht:reof, at the same
time and for tho Hanie aniount as the scrip then issued by sidil Treasurer to
Haid company, with like oouijoum for tho interest attached; which said scrip
shall be \u\U\ l»y said city as collat'-ral "cciirity for tho fiUfilrncnt of tho condi-
tions of tho said bond; and in default of any one of said conditions, said city
may, from time to time, sell suid city scrip, or any portion thereof, by pnblic
auction or auctions, in the Cities of Uan^^or, Boston or Now York, or either of
them, uftor sixty days' notice in writing to the President, or one of the Di-
rectors, or any three of tho 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
t§ 4. Tho President and Directors of said company are hereby authorized,
and it kIihU h(\ tbeir duty, in their official capacity, upon tho receipt of said
city scrip, and upon the delivery of their bond to said city to secure the pay-
ment of the same, to execute and deliver to said City Treasurer a mortgage,
without prior incumbrance, of their railroad from Bangor to Lincoln, and all
of the property real and personal of said company, including the fran-
chise thereof; said mortgage shall l)o executed according to the laws of this
State, and shall bo in duo and legal form, and shall contain apt and sufficient
terms to secure the said city the fullilment of the conditions in said bond
contained.
§ .'). For tho purpose of foreclosing said mortgage for conditions! broken, it
shall be sufficient for tho said Mayor imd Aldermen to give notice according
to tho mode prescribed in the Ueviscd Statutes for the foreclosure of mort-
gages, by public, 'ion of notice thereof, which may be publinhed in a news-
paper printed in IJangor, and a record thereof may he made within thirty
days 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 fi)reclosure. Upon the expiration of three years from and
after such publication, if the condition shall not within that time havo been
fulfilled, the foreclosure shall be complete, and shall make tho title to said
road, and to all the property and franchise aforesaid, absolute in said city.
§ G. If the Directors of said company shall, at any time, neglect or O0iit to
pay the interest, which may become due upiu any portion of the scrig issuedl
and delivered under the provisions of this act, or to pay the principal .^a it-
shall become due, or to comply with any of tho conditions of said bonds, the
City of Bangor may take actual possession in the manner hereinafter piTovided
of the whole of said railroad, and of all the property real and per.S(»nal of the
company, and of tho franchise thereof, and may hold the same and apply the
income thereof to make up and supply such deficiency, and all further defl-
cieJicies that may occur while the same are so held, until suv^h. deficiencies
shoU bo fully made up and discharged. A written notice signed by the Mayor
and Aldermen, and served upon the President or Treasurer, or any Directoi:
of the company, or if there are none such, upon any Stockholder of the cona-
pany, stating that the city thereby takes actual possesiiion of the whoo line
of tho railroail, and of the property and franchise of the company, shall be a
suificient actual possession thereof, and shall be a legal transfer of all the
same, for tho purposes aforesaid to the city, and shall enable the city to hold
the same against any other claims thereon until such purposes have been fully
accomplished.
§ 7. All moneys received by or for the said railroad company, after notio«-
as aforesaid, from any source whatever, and by whomsoever the same may be
received, shall belong to, and be held for the use and benefit of the city in
manner and for the purposes herein provided, and shall, after notice given to
persons receiving the same respectively, be by them paid to the City Treas-
urer, which payment s^haU bo an efifectual discharge from uU claims of tho
company therefor; but if any person, without such notice, shall make pay-
ment of moneys so received to the Treasurer of the company, such payment
shall be a discharge of all claims of the city therefor; all moneys received by
the Treasurer of tho company after such notice, or in his hands at the timft.
m
III!'
:1 I
m^
I
24
such notice maybe given, shall be by him paid to the City Treasurer, after
deducting the amount expended, or actually duo for the running expenses of
the road, for the services of the officers of the company, and tor repairs neces-
sary for conducting the ordinary operations of the road. Such payments to
the City Treasurer shall be made at the end of every caleudiir month, and
shall be by him applied to the payment of all the interest and principal due
as afore iiid. And any person who shall pay or apply any moneys received, as
aforesa , in any manner contrary to the foregoing previsions, shall be liable'
therefor, n.nd the same may be recovered in an action for money had and r(3-
ceived in the name of the City Treasurer, whose duty it shall be to sue for
the same, to be by him held and applied as herein required.
§ 8. For the purpose of effecting tho objects prescribed in the two preced-
ing sections, the Mayor and Aldermen may cause a suit in equity to be insti-
tuted in the name of the City of Baugoi', in the Supreme Judicial Court, in the
Coimty of Penobscot, against said company, directors, or any other person,
as may be necessary for the jjurpose 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, with or without notice, and the Court shall have
jurisdiction of the subject matter of such bill, and shall have such proceed-
ings, ond make su'ih orders and decrees, as may be within the power, and
a^icording to the course of proceedings of Courts of Equity, as the necessities
of the case may require.
§ S). If the said railroad company shall, after notice of possession, as afore-
said, neglect to choose Directors thereof, or any other necessary officers, or
none shall be found, the IMayor and Aldermen of the city shall appoint a Board
of Dir-jctors, consisting of not less than seven persons, or any other neces-
sary officers, and the persons so appointed shall have all the po^ver and author-
ity of othcers chcscn or api)ointed under the provisions of the act establish-
ing said company, and upon their acceptance sue! otBcers shall be siibjoct to
all the duties aud liabilities thereof.
§ 10. The city shall appoint one of the Directors of the said railroad com-
pany Irom among the Stockholders, who shall be chosen annually by the City
Counsel in joint ballot, before the annual meeting of said company ior the
choice of their officers, who shall have the same authority in transacting the
businesSiOf said company and who shall be entitled to like compensation
from the company as any other Director. But tho right to choose such
Director shall cease when the loan contemplated is extinguished.
§ 11 As an additional or cumulative protection for said city, all liabilities
which oy said city may be assumed or incurred under or by virtue oi' 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 fiivcr of said city a lien on the
whole of said railroad, its franchise, and all its appendages, and all real and
persnnil property of said railroad corporation, which lien shall have prefer-
ence and be prior to all other liens and incumbrances whatever on the said
road from Bangor to xjincoln, and all the other property of said railroad cor-
poration ; and said lien shall be enforced, and all the rights and interests of
said city shall be protected when necessary by suitable and proper judgments,
injunction or decrees of said Supreme Judicial (Jourt, on a bill or bills iii
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 ineft'ectual by the acceptance on the pait of said city of
any mortgage or other securities contemplated by the provisions of this act,
or otherwise.
§ 12. This act shall not take effect until it shall have been duly accepted by
the said City of Bang(-r by a vote of the legal voters thereof voting in ward
meetiugs duly and legally called, within eleven months from aud alter its ap-
proval, and by a majority at least of three fouiths of the legal voters of said
city present and voting at said meetings as aforesaid; nor shall said act take
ett'ect until the same shall be duly accepted by the City Council of said city
by conoirrent vote of the two Bofirds of said Council, and by a niiijoi\=ty of
live-sevenths of the Aldermen present and voting, and a majority of three-
W
Jl
25
fourths of the Common Conncil at a meeting duly called for the pnrpose,
at least thirty days subsequent to its acceptance by vote of the city as here-
inbefore provided. The return of such ward meetings shall be made to tue
Aldermen of said city, and by them counted and declared, and said Oity
Clerk shall make a record thereof, and if the act shall be accepted as afore-
said, then aii-er such acceptance and record thei lof, all the parts of this act
shall take effect and be in full force thereafter.
§ 13. The provisions of this act shall be in force from and after its approval
by the Governoi".
Approved March 25, 1864.
(No. 9.)
STATE OP MAINE.
At a legal moetiug of the inhabitants of the City of Bangor, in the County of
Penobscot, qualified by tbe Constitution to vote for State and County Officers,
holdcn in tlio several wards in paid city, on the second Monday of September,
being the twelfth day of said month, in the year of our Lord 1864, the said in-
habitants in the several wards gave in their votes upon the question, " Will the-
inhabitants of the City of Bangor accept the act of tiie Legislature, approved
March 2,\ 1864, entitled 'An Act to authorize the City of Bangor to aid the
construction of the European and North American Railway?' " And the same
were received, sorted, counted and declared in open ward meetings by the ward-
ens who presided, and in presence of tbe ward clerks, who formtd lists and
made records thereof in presence of tiie wardens, and in open ward meetings
sealed up the copies of paid records, as appears Ijv copies of said lists duly
attested by the several wardens and ward clerks, returned to the city clerk of
said city on said day of election; and the aldermen of said city, who were in
session on said day of election, did open, exomine and compare, in presence of
the city clerk, the copies from the lists of roles given in the several wards upon
said question, of which the following is a true record, made by said city clerk:
The whole number of ballots given in was eighteen hundred and ninetten.
The number of ballots having the word •' YES " thereon was* seventeen hun-
dred a7id thirty. The number of ballots having the word " NO " thereon was
one hundred and twelve.
GEO. W. SNOW, City Clerk. .
A true copy of said record. •
Attest, GEO. W. SNOW, City Clerk.
ted by
1 ward
its ap-
' said
t take
1 city
L-ty of
three-
if
(No. 10.)
Resolvks inviting the Commonwmlth of Massachusetts to co-operate with
Milim in extending aid to a military road from Bangor to the St.
.John River.
Whereas, By the act of separation of Maine from Massachusetts, approved
June nineteenth, in the year of our LoriJ eighteen hundred and nineteen, the
Commonwealth of Massachusetts retained one-half of all the public lands lying
within the then District of Maine, which had merely a nominal value at the
tiiiif Maine became an ".ndepcudent St&xx', which lands from the care, ov'Tsight
and gi.ardianship of the same by the State of Maine, became ol great value, iVom
the proceeds of the sales of which to individual purchasers large sums of money
accrued to the treasury of Massachusetts, before tbe sale of her interests therein
to the State of Maine ; and,
J'Vhereas. The State of Maine did, on the .5th day of October, in the year of
our Lord eighteen bundrt'd and lifty-three, purchase all the remaining rights of
the State of Massachusetts in and to the lauds to her belonging, lying in the
^Il'
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26
State of Maine, for the sum of one hundred and twelve thousand five hundred
dollors in money, and two hundrtd and liily thousand dollars in five ptr cent,
bonds of the State of Maine ; and,
Whirias, The ptople of (he Commonwenlth of Maepachusfclts, especially
thoHO of tiie eastern part of said State, and of '.he City of Boston, have a great^
if not an tqnal interest with the people of Maine in the settlement of the north-
ern, eastern and northeaptcrn secn'ons cf Maine, md in the growth and prosperi-
ty of this t^tate, and will be directly bcnelited '-y the extension of railways to
Ihe iiorlhcastern frontier and to the lower Pntish Provinces ; and,
Wfiirias, The people of the State oi Maine are desirous of securing a mili-
tary railioad from the City or Bangor to the northeastern boundary, and of ob-
taining iiid Irom Congress towards the accompl shment of said undertaking, and
the Sintc of Maine proposes to grant all tiie aid in its power to the parties who
jihall e;;rry out said work, and assign to the European and Nor«"i American Rail-
way Cdmpany all its claims on the United Slates Government which accrued
prior to the year of our Lord eighteen hundred and sixty ; and.
Whntas, These claims are of little or no value in the present aspect of public
affair^. Imh may be made useful as an inducement to aid a work of military ne-
ccssiiv ; and,
Wl.i rea.s. The military necessities of the country now call for a railroad from
Bangor to the St. John Kiver, and the Gent-rai Government, through the jfficer
in cliargt! of tiie military department of ihe East, has expressed an earnest opin-
ion in tiivor of this measure ; therefore,
Jieaolved, That the Commonwealth of Massachusetts he resp'ctfully invited
to co-opeiate with Maine in its ctforts to construct said railriad, and for thia
purpose to assign and transfer the claims jointly held by her with Maine on the
Government of the United States, to aid tlie construction of the European
and North American Railway from the City of Bangor to the St. John River
and to the boundary of Mew Brunswick ; and also the unpaid balance of the
bonds or certjiieates of indebtedness given by the State of Maine, as the consider-
ation ol the i)urehase oC said landn, dated October lifth, eighteen hundred and
fifty-tliree, now amounting to two hundred and twenty-five thousand dollars and
interest,
Jiesolved, That the Governor be authorized and rccpiested to appoint three
commis>ioners for this State to present this application to the authorities of Mas-
sachusi Its.
Resolved, That a copy of the foregoing preamlde and resolutions be transmit-
ted by his Excellency the Governor of jilaine, to the Governor of the Common-
wealth of Massachusetts.
Approved March 25, 18(J4.
(No. IL).
Kesolves asking the. United States Government to provide proper de-
fences for the Northeastern Frontier of Maine.
WnereaH, It is made the duty of the Federal Government, under the Consti-
tuti in of the United States, to protect and preserve the integrity of the Union
end defend each State in the maintenance of its sovereignty over its lawful
territory; and,
Whereas. The original boundary oS Maine extended northward to the divid-
iiiij; ridge that separates the St. Lawrence waters from those of the St. John
River, the title to which was clear and unquestionable; and,
Whireas, The United States Government neglected and refused to main-
tain and enforce the rights of this State to the upper basin of the St. John
River, permitting British troops to march across said territory in the war of
eighteen hundred and twelve, and at the time of the Canadian rebellion in
eighteen hundred and thirty-seven, and afterwards to holu military possession
of the country; and,
Wheims, The State of Maine in eighteen hundred and thirty-eight and
eighteen hundred thirty-nine attempted to repossess herself of' her lawfu.
27
territory, and to protect her soil from spoliation by provincial trespassers ;
and.
Whereas, The United States Government interposed its paramount author-
ity, calling on Maine to withdraw all armed forces detailed for the protection
of its territory, and assumed the duty and insisted on its right to exclusive
control over all matters of needful detenco of the same ; und.
Whereas, This duty of defending the territory of Maine was so imperfectly
porformed by the United States Government, that the territory was stripped
of its most valuable timber before Maine could get possession of what re-
mained to her after the ratification of the ti eaty of Washington, whereby a
just and valid claim now exists against the General Government, which has
been practically recognized by the Federal authorities at Washington; and,
Whereas, The State of Maine is anxious to have a military railroad from
Bangor to the St. John River, and has, by resolutions adopted by the Legis-
lature of Maine, approved January thirty-one. eighteen hundred and sixty-
three, calk'd upon the General Government to carry out such a work, and
this State is now ready to co-operate with the General Government in afford-
ing aid to the parties who will undertake to build such a line of railway, and
offers to assign its claims on the General Government to aid said eaterprise,
and to render other and further aid thereto: therefore,
liesolced, That Maine reiterates and renews her demands on the GenernI
Government in the language of the resolves of the Legislature, approved by
the Governor, January thirty- first, eighteen eighteen hui.ired and sixty-three,
that Maine expects and earnestly demands " that measures be taken at once
by the General Government' for the protection of its northeast frontier; that
" this can be accomplished only by a military railroad from Bangor to the St.
John River."
liesolvcil, That the people of Maine, zealously attached to the principles of
the Constitution and loyal to the Government of the United States, sui round-
ed on thrive sides by the territorj' of a foreign power, its other side fronting
the ocean, where it is at all times exposed to attackby a superior naval power,
by force of its position of incalculable importance to, and steadily coveted by,
the people of the Briti.sh North American Provinces, cannot fail to perceive
their danger in case of war v/ith any one of the great powers of Europe, and
they appeal to Congress for such aid and support as will enable them to pro-
tect their territory from foieign invasion, and spcuro them against further
diminution of their ancient domain.
liesolved. That the Government of the United States having forced a reluc-
tant assent from the State of Maine to the treaty of Washington, by which
treaty the most valuable portion of the territory of the United States for a
military purposes was surrendered to Great Britain, securing to her a military
route in the St. John valley between Canada and New Brunswick, and the
only adequate measm-e of compensation that can be awarded to Maine is the
construction, by the Federal Government or through its aid, of a military rail-
way from Bangor to the St. John liiver, as suggested in the resolutions of
Maine, of January thirty -first, eighteen hundred and sixty-three; that in or ler
to secure this result the State releases and assigns to the European and North
American Railway Company of Maine all claims on the Federal Government
accruing prior to the year eighteen hundred and sixty, in case the United
States Government affords such aid to said railway company as will enable
it to carry out its line of railway from the City of Bangor to the St. John
River, or to such point in the northern part of Maine as may accomplish the
objects and purposes sought for by the Government of this State and of the
United States.
Resolved, That the Governor is authorized to prepare, or cause to be pre-
pared and printed, such documents and evidence as may be needful to show
the character, extent and value of (he claims beforj mentioned. '
liesolved. That the Governor be requested to transmit these resolutions to
the President of the United States, and to each Hou.se of Congress, and to the
members of the Senate and House, from Maine.
Hesolveil, That our Senators and Rci^rescnlatives in Congress be requested
and instructed to use their utmost efforts to secure a recognition of the claims
28
of Maine, and the application of the proceeds thereof to the uses t nd purposes
above set forth.
Approved March 25, 1864.
i
I
■u
i^
(No. 12.)
38th congress, XT T) K J.1
1st Session. *^* ■"'• O"*!..
[Report No. 119.]
IN THE HOUSE OF REPRESENTATIVES.
June 20, 18()4.
Read twice, ordered to be printed, and recommitted to the Select Committee on
Defences of Northeastern Frontier.
Mr. J. H. Rice, from the Select Committee on Defences of Northeastern
Frontier, reported the following Ijill:
A BILL to Provide for the Defcvce of the Northeastern Frontier.
. Be it enacted by the Senate and House of Representativea of the United
States of America , in Congress assembled, That whereas the State of j\luine
has appropriated for the use of the European and North American Railway Com-
pany of Maine, for the construction of a railway essential to the defence of the
iiorlheastcrn frontier of the United States, the proceeds of all her claims aj^ainst
the United States arising prior to the year eighteen hundred and f-ixty, the ,Sec-
retary of the Treasury is authorized and required to audit and fix the amounts of
tho said claim, as follows, viz: one dollar and twenty-five cents per acre f-hall be
allowed to Maine ior the land apfigncd to pcttlcrs under the fourth article of the
treaty of Washington, concluded on the ninth of August, eighteen hundred and
forty-two. Tho interest account of Maine, under the act approved March third,
eighteen hundred and fifty-one, entitled " An act authorizing of the payment of
interest upon the adyances made by the State of Maine for the use of the Uni-
ted States Government in the protection of the northeastern frontier," shall be
restated upon the principles directed to be applied to the case of Maryland by
the twelfth section of an act approved on the third of March, eighteen hundred
and fifty-seven, entitled "An act to provide for certain civil expenses of the
government for the year ending on the thirtieth of June, eighteen hundred and
fifty-eight. The interest account of Maine, as the owner of one-third of the claim
of Massachusetts, for advances for the United States during tho war of eighteen
hundred and twelve and eighteen hundred and fifteen, with Great Ibitain, shall
be stated and allowed according to the principles applied as aforesaid to the case
of Maryland. The damages to Maine by reason of the loss of timber upon tho
disputed territory in consequence of the suspension of her jurisdiction from
eighteen hundred and thirty-two to eighteen hundred and thirty-nine, under a
diplomatic arrangement mudo by tho United States in eighteen hundred and
thirty-two, shall be ascertained and awarded.
Sec. 2. JInd be it further enacted. That tho Secretary of the Treasury is here-
by authorized and directed to pay. out of any moneys in the treasury not other-
wise appropriated, to the State of Maine, for tiio use of the European and North
American Railway Company, all sums ascertained to be due to said State, an di-
rected to be audited and fixed by the first section of this act: Provided, That iio
more shall be paid than shall lie equal to ten thousand dollars per mile for the
main line and branches of the said railroad r.ctually constructed hy said company,
not to exceed in length two hundred and thirty niil''H, and to bo paid over from
time to time as the consln:etioii o! swid roiid shall lio certified to the Secretary
of the Treasury by the (Jovornor of .Maiiic, and not less than thirty miles there-
of in actual operation, and so on as each additional section of thirty miles shall
be put in operation: And pratudrd Jtniher. That no payment shalThe made un-
til the said railway company shall enter into contract, in such form as shall be
29
prescribed by tlic Secretary of the Treasury, for ihe transportation by said com-
pany over their main line and branches of the troops and munitions of war of the
United States free of expense to the government, and for the carrying of the
mails of the United States at reasonable rates, corresifending with those paid for
similar services over other roads of equal cost, nnd to be fixed by the President
of the United States.
(No. 13.)
To his Excellency Samuel Cony, Governor of Maine:
Sir— Tbe European and North American Railway Company, a Corporation
established by the laws of the State of Maine, respectfully represents, that by
an Act of the Congress of the United States, entitled " An Act making appro-
" priations for the construction, preservation and repairs of certain fortitica-
" tions and other works of defence for the year ending the thirtieth of June,
" 18G5, and for other purposes," approved July 2, 18G4, there was appro-
priated, " for surveys for military defences and for purchase of campaign
" maps, manuscript notes, and maps of surveys of railroads and canals, one
"hundred and fifty thousand dollars."
And said Company further represents, that the Legislature of Maine, by
several acts and resolves, passed in the years 18G3 and 1864, authorized the
construction of a line of railway from the City of Bangor to the St. John
Eiver, and, by resolutions, invited the United States Government to provide
means for the protection of its northeastern frontier, by the building of a
military railroad from Bangor to the St. John Eiver; and by an act approved
March 24, 18G4, entitled "An Act to provide means for the defence of the
"northeastern frontier," appropriated the proceeds of the sale of timber on
certain townships of the public lands, and certain claims "gainst the United
States Government, to aid the construction of said European and North
American Railway, which is the line contemplated in and by the resolves
calling for a military railroad from Bangor to the St. John River. The Legis-
lature of Maine having, in the manner above set forth, declared said railway
a work of military necessity, and appropriated largely of its means to secure
its construction, and a Committee of Congress having reported a bill to grant
aid to said railway as a work of military necessity, it is due to the United
States Government that the location of said line should be made so as to se-
cure the ends in view, and in accordance with the withes of the War Office,
I therefore resi)ectfully request you to make application to the Secretary of
War, to appoint an engineer officer to make the proper surveys, and to ap-
prove of the location of said railway, or to make or approve such a location
thereof as will best secure the objects and purposes of a military railroad
from Bangor to the St. John River.
By order of the Directors .
(Signed,) JOHN A, POOR,
President of the European and North American Railway Co.
PoKTLAND, Sept 19, 18G4.
STATE OF MAINE, EXECUTIVE DEPARTMENT.
Augusta, Sept. 28, 18G4.
Sir— I have the honor to lay before you a copy of the application of the
European and North American Railway Comi)any of Maine, asking the Ex-
ecutive of this State to request of you the appointment of au engineer to ap-
prove of the location of its line, as made by that Company, for a railway from
Bangor to the St. John River, which railroad is the ono sought for by the
Legislature of Maine, and recommended by it to Congress as the proper
measure or defence for the northeastern frontier.
80
I '
111
III I
Fully approving of this application, I respectfully advise and request that
the same may bo granted.
With the highest respect,
♦ Your ob't servant,
(Signed,) SAMUEL CONY,
Governor of Maine.
To Hon. E. M. Stanton, Secretary of AVar,
Washington, D. C.
Portland, Oct. 1, 18fi4,
Sir— I am instructed by the Board of Directors of the European and North
American Railway Company of Maine, to lay before you the application of the
Governor of Maine for the appointment of an engineer to report on the loca-
tion of the line of said Company from Bangor to the St. John River.
I most earnestly but respectfully invite your attention thereto.
With distinguished consideration, I have the honor to be.
Your ob't servant,
JOHN A. POOR,
President of the European and North American Railway Co.
To Hon. E. M. Stanton,
Secretary of War.
Portland, Oct. 1, 18G4,
Sir— I have the honor to transmit to your charge the application of the
Governor of Maine to the Secretary of War, for the appointment of an engi-
neer to report on the location of the line of the European and North American
Railway from Bangor to the St. John River.
From the interest expressed by yoii in favor of this object, and the import-
ance of it to the State of Maine, I respectfully ask you to present the same to
the attention of the proper parties, and thereby secure the accomplishment of
the purpose sought for.
With distinguished consideration, I have the honor to be,
Your ob't servant,
JOHN A. POOR.
To Hon. W. P. Fessenden,
Secretary of the Treasury.
Washington, Oct. 3, 1864.
Sir— Yours of the 1st inst. has been received, with the package addressed
to Mr. Stanton, Secretary of War.
I have placed it in Mr. Stanton's hand, and urged upon him a compliance
with the Governor's request.
His reply was, that it required consideration, which It should receive at an
early day.
Yours very respectfullj',
W. P. FESSENDEN.
John A. Poor, Esq.
(No. 3.4.) ""
, ACT of ike General Assembly of Her Majesty's Province of New
Brunswick, passed in the month of April, 1»64.
AN ACT in aid of the construction of Railways. Passed Wth April,
18()4.
Whereas, It is deemed advisable to aid the constructioa of Railways iu this
Province;
Be it enacted l)y the Lieutenant Governor, Legislative Council and Assem-
bly, asjollows:
t
i
81
fAl
1. 1'hat Provincial aid, in the manner hereinafter providetl, shall be given to-
wards tlie construction and completion of tiio following lines of railway, that is
to say :
A main line from the City of St. John to the State of Maine, running as near
as may be by the Douglan Valley ; and a line from some l>oiat on tlie Kuropeaa
and North AmoricAn Railway towards the boundary of Nova Scotia ; also, an
exIcnsioM of tbe European and North American Railway to Miramichi ;
also, a branch to connect the main "ne with the City of Fredericton;
another bianch from the town of Woodstock to connect with the present St.
Andrew's Line ; anolhtr branch from tlie town of St. Stephen to connect with
the St. Andrew's Line ; and another branch to connect tbe Kuropean and North
American Railw.iy with Hillsborough, in the County of Albert, at such point
therein as may be deemed most desirable.
2. The several lines ol railway and branche.s and extensions to be constructed
under the provisions of this act, sliall be made on sucl; grades and with such
guages and curvatures, aud of such class and cliaracter, respectively, as the
Governor in Council shall determine ; and the routes and locations of the said
lines and the said several branches and extensions, shall also, in all cases, be sub-
ject to the approval of the Governor in Council.
3. The aid to be granted to the said liiiesof railway and the said branches and
extensions in the fiist .sect-on of this act spieiiied, shall be at the rate of $10,000
per mile, to be pa'd as hereinafter provided.
4. if any company or body corporate now or hereafter to be organized, possess-
ing suHicient capital, shall offer to construct the first before mentioned lines of
railways, and the said branches and exKMisions, or any of them, and shall give
such assurance or guarantee of their ability as the Governor in Council may
deem necessary, ihe Governor in Council is hereby empowered and authorized
to consent and agree to the building of tlie said lines and the said branches and
extensions!, or any of them, by such com^iauy or body corporate, such agree-
ment to be in the name of the Queen, aud subject to such securities, clauses and
conditions for protecting the public interest and for securing the due completion
of such lino or lines of railways as the (Jovernor in Council may deem necessa-
ry ; and so soOn as it shall be satisfactorily proved to the Governor in Council
that any such company or body corporate .«ball have bona fide expended the sum
of $10.),0U0 in actual work on the road undertaken to be built by them, it shall
be lawful for the Governor in Council to pay to such company or body corporate
the sum of $:i5.()00, being a portion of the said aid; and so in like manner Iront
time to time pro rata, until the whole of the said road undertaken by the said
company or body corporate shall be fully completed and in efflcieut operation,
with all necessary station-houses, and with substantial and sufficient locomotives
and other rolling stock for the accommodation of passengers and transp')rtaJ.ioQ
of merchandise, when the balance of the said aid of $10,000 per mile, and no
more, shall be paid to such company or body corporate.
5. No agreement shall be entered into for the co npletion of a line to connect
with the Province of Nova Scotia, until satisfactory arrangements are made with
the Governmi'ut of that Province for the completion of the coniiectioa with the
Nova Scotia Railways.
G. In case the Act of Assembly made and passed in the twenty-sixth year of
Her Maji sty's Reign, intituled An Jet to authorize a loan, and for the construc-
tion and ininngeinent of an IntT-Ciitouiu/ Railwny, should become inopera-
tive, then, if any company or body corporate now or hereafter to be organized,
possessing siilflcient capital, shall otfer to construct a line of later-Colonial Rail-
way to connect this Province wilhUanada, and shall give such guarantee or as-
surance of their ability as the Governor in Council may deem necessary, the
Governor in Council is hereby aulhori3(!d and empowered to enter into an agree-
ment with such company or Ijudy corporate for the construction of huch line,
upon the following terms, viz. : That upon the completion of such line of rail-
way, in efficient operation for the accommodation of passengers and transporta-
tion of merchandise, the Governor in Council shall each and every year there-
alter in which the said line of railway shall be efficiently worked, pay to the said
cotnpany or body corporate a sum which, together with the net earnings of the
said railway, shall be equal to the inteiest of six per cent, upon the actual cost
32
it) , k
I'iiii
of eaid line so agreed to be built— such Bum not to exceed in any one year the sum
of twenty tlioui-and pounds curroncy.
7. The Governor in Council is hereby authorized other
Railroad Companies within or without the Province, either by leasing their
road to other corporation or corporations on such terms and for such length
of time as may be agreed upon, or by consolidating thi' stock of their road with
that of other railroad companies or company upon such terms as may be agreed
upon ; to make, execute and deliver good and suHicient mortgage deed or deeu>?
of their road and all its branches, to such private persons or corporations within
or without this Province as they may think tlie interest of the Stockholders in
their company requires; and to make such equal assessments i'roui time to time
on all the shares in said corporation, as they may deem necessary and expedient
in the execution and progress of 'he work, and direct the same to be paid to the
Treasurer of the Corporation, and the Treasurer shall give notice of all such as-
sessments ; and in case any subscriber or stockholder shall neglect to pay any
assessment on his share or shares, for the spact- of thirty days after sucli notice
is given, as shall be prescribed by the by-laws of said corp(nation, the Directors
may order the Treasurer to sell such share or shares at puldic auction, after giv-
ing such notice as may be prescribed as aforesaid, to the highest bidder, and the
same shall be transferred to the purchaser; and sucli delinquent subscriber or
stockholder shall be held accountable to the Corporation for the balance, if his
share or share;' shall sell for less than the assessment due thereon, with interest and
cost of sale, and shall bo entitled to the overplus, if his share or shares shall sell
lor more than the assessment due, with interest and cost of sale; provided that
no shareholder in said Company shall be in any maimer whatever liable for any
debt or demand due by said Company, beyond (he amount of his or their shares
in the capital stock of said Company, not paid up ; and no assessment shall be laid
upon any shares in said Company for a greater amount than filly dollars per
share on the whole.
C. A toll is hereby granted and established for the sole benefit of said Corpo-
ration, upon all passengers and property of all descrii)tIons which may be con-
veyed or transported by them upon such road, at f^ucli rate as may be agreed upon
and established from time to time by the Directors of said Corporation.
7. The said Railroad Corporation shall erect and maintain .-;ubstanlial, legal
and sufficient fences on each side of the laud taken by them lor their railroad,
where -the same passes through inclosed or improved land, or lands that may
hereafter be improved ; and for neglect or failure to erect and maintain such
fences, said Corporation shall be liable to be indicted in any Court having com-
petent jurisdiction, and to be fined in such sum as shall be adjudged necessary
35
to repair tlii! eamc; and Hiicb tiuuH sball be collected and paid hh other fines are
by law collected uud paid, and sball be expended lor Ibo triclion or npair of
Buch fence, under the direction of an agent appointed by ihe Court iinpohing
Kucb fine; provided, however, Haid fences may be dit-penBtd with at the receiving
and hmdinj; places of passengers and freight, and attuch other places as feuccH
are not elsewhere usually required.
8. The annual meeting of the eaid Corporation shall bo holden on the second
Tuesday in January, or such other day as shall be determined by the by-laws,
at Buch time and place aa the Directors for the time being nhall appoint, at
which moeiing the Directors shull be chosen by balU t, each proprietor, by him'
self or by proxy, being entitled to as many votes as he holds shares; and theDirec-
tors are hereby authorised to call special meetings of the stocliholderu whenever
they sluvll deem it expedient and proper, giving such notice as the Corporation
by their by-laws shall direct.
9. The said shares of said Corporation shall be deemed personal estate, and
transferable as such and every such share shall entitle the holder thereof
to a proportionate part of the profits and dividends of the said Company, after
the malting, completing and maintaining the said railway, and other incidental
expenses ; but no shareholder shall bo entitled to t riinsler any share after any
call shall have been mivde in respect thereof, until he or she shall have paid all
calls tor the time being due on every share held by him or her.
10. The Directors of the Company may from time to time by deed, subject and
charge, in such manner as they ihmk lit, the said railroad, and the future lands,
goods and other property and effects, tolls, income and profits whatsoever of the
said Company, or such parts thereof as the Directors may think fit ; and may also
in like manner grant and assure ihe whole or any partof any guarantee of interest,
grant of money or lands, or other benefit, profitor advantage already of to be here^
after granted, conceded or allowed to railroad companies in this Province by any
Act of Assembly; and every deed executed by the Directors of the Company shall
be under the common seal of the Company, which the Directors are hereby au-
thorized to aflix to every such deed, and under the respective hands and seals of
any three or more of the Directors of the sai^ Company ; and every deed so ex-
ecuted shall have as full effect and be aa binding and conclusive on the Compa-
ny, and the Directors of the Company, as it the terms and provisions of such
deed were by this Act of Assembly expressly enacted and made binding and con-
clusive accordingly.
11. The joint stock and property of the said Company shall alone be respon-
sible fur the debts and engagements of the same.
12. The said Company, by their agents, servants, and workmen, shall and may
enter upon any lands of private persons_j for. the purpo.ses of' making a survey of
the line or route of the contemplated railroad, and to cut down or remove, where
necessary to the n'.aking of such survey, any trees or other obstacles on such
lands; compensation lor such cutting and removing to be made to such owners
of private property, by the same proceedings and iu the same manner as is pre-
scribed under the lirst sectfon of this act.
13. The said Company, to entitle themselves to the privileges, benefits and
advantages to them granted iu this Act, shall bona fide commence to build said
railway within two years from the passage of this act ; failing which, then tfiis
act and every matter and thing therein contained shall cease and be utterly null
and void ; and if the sa;d railway, having been commenced, shall not be made and
completed within the period ol live years from the passage of this act, so as to
be used for the conveyance and carriage of passengers, goods and chattels there-
on, then this act and every matter and thing therein contained shall cease and
be utterly null and void.
14. Nothing in this act contained shall authorize the said Company, or their
contractors, to enter upon any lauds reserved for naval or military purposes,
without the consent of Her Majesty ; nor shall it be construed to confer upon
the said Company any exclusive right or privilege in regard to the construction
of any branch line, to which Provincial aid may hereafter be afforded, or shall
authorize the said Company in any way to bar or prevent a conaectiou between
such branches and the extension contemplated by this act.
86
(No. 16.)
AiouflTA, Maine, Feb. 22U, 1864.
Sib — I hftvt; the honor to infuriii you tliat our Railway Bill has become a law,
authorizing tiic European and North American Railway Company of Muine to
lease or purchase the linoa of railway from Portland to Ualiifax, a copy of which
I eend herewith.
I am further authorized to say, that having arranged with tho linen of railway
west of Bangor, and secured the pledge of cupital for this purpose, the European
and North American Railway Company of Maine is now prepared to enter Into
contract for constructing the link^ in the chain that now remain unfinished, from
Bangor to Halifax, in case tho Provinces of Nova Scotia and New Brunswick
shall severally execute to it ;i lease of tiieir lines as built, and by proper facility
bills pledge the sum of £20,000 currency in eacii Province, or eighty thousand
dollars per annum to the new company, till the entire line from Bangor to Hall-
fax shall pay six per cent, interest or dividend upon its cost to the new company.
After the payment of C per cut. on the cont to iho companjr, the nftt Income of
the road from Bangor to Jlalifax. above the payment of said G per cent., shall
je paid over, one-half to the two Provinces iind the other half to this company.
Responsible parties now stand ready to contract for tho building of the entire
road remaining to complete the chain, (2!)>> miles,) at the rate of $HO,000 per
mile through Maine, and at the same ratio, according to the amount of work to
be executed, ia Nova Scotia and New Brunswick.
By order of the Directors.
JOHN A. POOR,
Pres't E. & N. A. R. W. Co. of Maine.
To the Hon. C. Tupper, Prov. Sec'y.
IW
II
Provincial Secretary's Officw, I
Halifax, March 4th, 18G4. j
Sir — 1 have the honor to ackno\<'lodge the receipt of your letter of the 22d
ult., containing a proposal on the part of the European and North American
Railway Company of Maine for the completion of the lino from Portland to
Halifax. And I am commanded by his Excellency the Administrator of the
Government, to state in reply, that the Government of this Province arc not
disposed to lease the existing line from Halifax to Truro, but would be prepared
to submit to the Legislature a proposal to grunt a subvention of eighty thoui^and
dollars per annum to facilitate the construction of the line from Truro to the
border of Nova Scotia, provided arrangements were made to connect with the
railway in New Brunswick.
I have the honor to be, sir, your obedient servant,
CHARLES TUPPER.
To John A. Poor, Esq.,
Pres't E. & N. A. R. Co., «fcc.
[By Telograph.]
Augusta, March 14, 1864.
Hon. C. Tupper, Prov. Sec'y,
Halifax, N. S.:
Yours of 4th Inst, received. How do you propose to unite interests from
Halifax to Bangor? Our bills will ail go through, giving us the means to build
from Halifax to Bangor, if one company or one interest is secured.
Answer by telegraph. JOHN A. POOR.
[By Telegraph.]
Halifax, N. S„ March 15, 1864.
To J. A. Poor. — Government here would recommend the Legislature to grant
the facilities stated in my letter for extension from Truro, and would make
87
nmuipr'niontH for working to mutual aclvntifajro, but will not nllonatc our line
(roiu llulihix to Truio. (j. TUITKII.
[By TL'lograiJh.J
To Hon. C. Tti'i'KU, Trov. Scc'y. Alolst.v. March 24, IBWi.
lliilifiix, \. S.:
If Aincriciin Ciimp;\iiy will iniild your ll:io from Truro to New nruii-<\vic;k
frontier and tliroiiuli to St.. .loliu lino, ou your oiler, what ciiii you pli'd^je ns Hit;
loui.'.-t uiiiiuiil roiiiiil of your liuo from Truto to Halifax for twenty years ?
Answer by tflegraph. John a. i'UOll
[By TeleKKiph.)
IIamkax. March 2i), 18(14.
To .foiix A. Poor— Cannot aj^nic i:t alionato our lini! from Halifax to Truro,
but will carry all your trallio at lowest rates ou Amoricau liailways.
CllAS. TL'l'rEU.
[By Telegraph.
Hon. C, Ti:i'i'ER, Prov. Soc'y,
Halifax, N. S.
Banqou, March 28, 1SG4.
Our LogiHlature haa adjourned. Our bills all pas-sed. I'leaso pass laws lo
enalilo you to carry out plan proposed with our company. JOHN A. PUOli.
Erlracls from Uve. Records of the Nova Scotia House of Assembly, April
11, 18V.4.
Hon. Provincial Secretary moved a ropolution as follows :
'■ Jtesulved, Tliat tlio l'].\ecutive Govornmunt be authorized to secure the con-
struction of the railway from Truro, or from the point of junction with the niiiii
line to the border of New Brunswick, through the '\gency of any responsii)le
company, provided no greater liability is incurred than i percent, per annum
uiion a capital of .EIO.OOO currency per mile, not to e.xcoed 20 years— and proviU-
ed connectiou is thjn.'by secured with the railway from St. John to Shediac. Ami
that tlie (Jovernment be authorized to procure the construction of the line \Ve.4C
of Windsor, in the same manner, to the same extent, of 4 per cent, on a capiuil
of ,£(i,0.)U per mile."
\Vliereui)on Mr. Miller moved, by way of amendment :
•• Whtreas, The revenue of this Province Is now burdened with a liability of
al»out £(JO,miO annually, for interest ou the money invested in our existing line of
railway; and whereas, the act of thU session, providing for the construction
of the line lo Pictou, will entail afurther charge of at least £2.''),()00 annually —
" Thetefure rcsuived, That it is unwise at the present time to pledge the pul»-
lic credit to the extent re(iuired by the resolution before the House.''
U'liieU amendment Deing put. there appeared — for. Hi ; against, 2'J. For —
llauield, Parker. Miller, Locke, Aunand. E. Brown, Balcom, Kaulijack, Allison.
Killani, liobert-son, Blanchard, Blackwood, Ross, S. Campbell, Cotlin — ](i.
.■J^iiinst — I'ryor, Donkin, McKay, D. Fraser, Tobin. Attorney-General John.>ton.
Provl. Secretary Tupper, Financial Secretary Le Vesconte, Sol. General Henry
.-^iiannou. fJiil, Lawrence, Moore. Churchill, Longley, Slocumb, King, McDonald.
Mill. Sniyih. McDonnell. James Fraser, John Campbell, Whitman, Jost, Eouri-
iiot, Mcbarlaue, .McKiunon, C. Campbell — 2!).
The foregoing resolution of Dr. Tupper was subsequently put, the amendment
being reJLCied, and passed. Pages lOS-109.
The resolution subsequently passed the Legislative Council, and be 'ame u
law.
nil
I ill ' 'I
38
(No. 17.)
State of Maine,
Office of the Attorney General,
Bangor, October 24, 1864.
I have examined the Charter of the European and North
American Railway Company, approved August 20th, 1850, and
the several acts and resolves since enacted in reference thereto.
I have also examined the By-Laws and Records of said Cor-
poration. In my opinion their proceedings are all in due
form, and the Stockholders in said Corporation are exempt
from all personal liability, beyond the payment of their Stock
Subscription.
JOHN A. PETERS,
AtVy Gen'l
Bangor, October 24, 1864.
The European and North American Railway Company
having conveyed to Hannibal Hamlin, Israel Washburn, Jr.,
and Henry V. Poor, as Trustees, their road-bed, rights and
property, for the security of the payment of certain Bonds by
them issued, and the said Trustees having accepted said trust,
I concur in the opinion of Hon. John A. Peters, Attorney Gen-
eral of Maine, as to the legality of the proceedings of said
Company, and the exemption of Stockholders from personal
liability.
H. HAMLIN,
One of' the Trustees aforesaid.
To Hon. John A. Poor, President of the Europeon myi Nortli
American Railway Company:
In accordance with your request, I have examined the Pros-
pectus of your Company recently issued, and derive from it
the following:
Between Portland, in Maine, and Halifax, in Nova Scotia,
there arc several lines of railroad built and projected, which
it is proposed to unite under the control of one company, un-
der the title of the European and N'orfh American Railway
C-npany. The lines proposed to be embraced in this union
are — *
First. The 3Iaine Central, extending from Danville
on the Grand Trunk Railroad, 28 miles from
Portland, through Lewiston, Leeds Station,
Waterville and Kendall's Mills, on the Kenne-
bec, to Bangor, the head of navigation on the
Penobscot, 57 miles to Kendall's Mills and 53
miles from the Mills to Bangor; in all 110 miles.
This line conforms to the Canadian gauge of
5^ feet, and is in operation throughout.
Second. The Portland and Kennebec, extending from
Portland through Brunswick to Augusta, the
capital of the State, 62 miles from Portland,
with a branch of 9 miles from Brunswick to
Bath; in all 71 "
This line conforms to the Now England
gauge of 4 feet 8^ inches, and is in operation
throughout.
Third. The Somerset and Kennebec, extending north
from Augusta 21 miles to KendalVi? Mills, and
18 miles to Skowhegan; in all 39
This line is of the same gauge, and leased to
the last named Company for 20 years, at $36,000
per year.
40
Fourth. The European and North American Rail-
icay Company proper, extending' from Bangor
to tlio Eastern Boundary of Maine, witli char-
tered powers adequate to embrace the above-
named lines and other lines in New Brunswick
and Nova Scotia. This line ia not yet built.
Its length in Maine, by the surveys, is 107
miles.
Total extent of lines in Maine 327
Fifth. The European and North American Rail-
way Company proper, including the portion of
its line in New Bruuswick from the Eastern
boundary of Maine to the City of St. John. ... 83
Surveys of this line are now in progress, but
no portion of it built.
Sixth. The Neiv BrunswicJc Railway Co., in the
Province of New Brunswick, extending from
the City of St. John to the Halifax Junction,
101 miles; from thence, 81 miles further to the
Nova Scotia line, witli a branch of 7 miles from
Halifax Junction to Shediac, on the Gulf of St.
Lawrence, making in all 139
This line conforms to the Canadian gauge of
5 1 feet, and is in operation witli the exception
of the poi'tion from the Halifax Junction to the
Nova Scotia boundary.
Seventh. The Nova Scotia Raihvay, in Nova Scotia,
extending from the New Brunswick boundarv
to Truro, 69 miles, and from Truro to Halifax,
<)1 miles, with a branch to Windsor, 30 miles;
in all 160
This line also conforms to tlie Canadian
gauge, and is built and in operation excepting
the ])ortion from the Nova Scotia boundary to
Truro.
I
Total extent of lines in the Provinces . . 382
Add lines in Maine as above 327
Total in Maine and the Provinces 70!)
41
Of this total of 709 miles there is built and
in operation in the State of Alaine 220 miles.
In New Bi'uuswick and Nova Scotia. 199 " 419 miles.
Not built in Maine 107 "
in the Provinces 183 " 290 "
Total built and to be built, as above 709 *'
The portions to be built, comprising a distance of 290 miles,
are necessary to form a continuous line of Railway from Port-
land to Halifax, the length of which will be as follows:
Portland to Kendall's Mills, by cither the
first or second lines 85 miles.
Kendall's Mills to Eastern boundary of
Main(> 160 "
Total in Maine
Eastern boundary of Maine to St. .Johns
City * 88
St. Johns City to boundary of Nova Scotia . 132
245 miles.
V
Total in New Brunswick. . . .
Boundary of Nova Scotia to Truro G9
Truro to Halifax HI
215
Total in Nova Scotia.
130
Poitland to Halifax, nudu line 590
Extent (aggregate) collateral lines and branches . . . 119
Total as above
709
It
1.
The chartered powers of the European and North American
Railway Company, as derived from the Legislatures of Maine,
New Brunswick, and Nova Scotia, arc ample for embracing
all of the above described lines, collateral Hues and branches,
coveiiug 709 miles of railway; but in thus uniting or consoli-
dating these lines, provision must at the same time be made
for completing the main line throughout — that is. for building
107 miles in the Slate of Maine and 183 miles ii» th(> Provin-
ces; 290 miles in all. The mode propo^^ed for effecting this
lit I
42
object and of acquiring control of the linos in operation as
described above, is as follows, commencing with the road or
company first named, the Mamv Central.
The expenditures of this Com])any are
represented by six per cent. Morl^agc
Bonds issued.'. $2,500,000
Stock, Bonds, and Common Stork 1J()4.845
^ !r4.2G4,345
The expenditures or cost of the Portland
and Kennebec Line ai-e represented by
(nty Loan s SOO.OOO
Yarmoutli Loan 201.000
2d Mortgaiie Bonds 280.000
8d " •• (for. - '3d) 25(;.0(H)
Stock 2,000,000
Somerset and Kennebec Raili-oad cost .... 800,000
4.281.000
Total original cost (if 220 miles in Maine ^8.545,345
*,*
This i)roper(y may now bo l)rought into the possession and
under the contiol of tlie Euro])oan and Noi-th American Rail-
way Compiiny at a cost as follows:
Maine CerdraJ, amount of Bonded Debt. .^;2,500.000
" " to purchase Stock. 250,000
'f;2,750.000
Portland and Kenneltoc Bonded Debt, as
above 1,481,000
Unpaid ('oupons, extended 20 years 100,000
for 7 years 105,000
1.680,000
Less Sinking Fund aoluallv aceruod for
reduction of City Loan 200,000
1,480.000
4.236,000
Add bonus to purchasers 500,000
Total cost of 220 mil(;s to new ('ompany in Maine.. $4,736,000
43
The net earnings or income of these lines in
1864 were 450,000
From which deduct interest on cost as
above, at 6 per cent 284,160
Excess of annual income over interest on
cost of existing lines in Maine !''!l65,840
This excess of .^165,840 will be hereafter increase', by the
increase in population and business of the country through
which these lines pass. It will be increased by the saving
made in operating by the same Company the two lines, which
arc now rival and competing lines, and tho higher charges for
transportation wliich will follow a removal of the competition,
and in the incroisod business of the lines by tho extension Bast
of Bangor.
For these reasons this excess may safely be assumed soon to
amount to not less than $225,000, and will bo stoadily on the
increase I'roin ihai amount.
The actual expenditure upon, or cost of, 108 miles
in New Brunswick, now in operation, is found to
be $4,577,874
Do. do. 91 miles in Nova Scotia. . . . 4,278,401
Total act ual cost of lines in operationin the Provinces 88,85 1 ,275
These two lines, with their furniture and equipments, can ))e
leased for a term of 999 years at the rate of ;?10(),000 per ynir,
and one-half of the net earnings of the portions now in opera-
tion in addition.
That is to say, the perpetual use and control can now be ol>-
taiiied over a property which has cost !;'8,851,275 for the
amount stated.
Omitting for the present the item of half the net
(>arnings, which is conditional upon their being
realized, and we find that the remaining 6^100,000
per annum is the interest at six per cent, on $1,666,667
If to this is added the cost to the Compaiy of the
control over the lines in Maine, as above 4,736,000
44
We have to represent the total cost of existiuj^- lines
to new Company, deducting donations, the sum of. |6,4U2,667
This amount of $6,402,667 includes, in addition to the cost
of the roads, rolling stock and equipments, as follows:
Engines. PuHsenger Oars. . Freight Core.
Maine Central 13 20 231
Portland and Kennebec. 12 11 120
New Brunswick 14 18 271
Nova Scotia 20 ^8 160
59 67 782
Deduct vahie of this rolling stock from cost as above,
say $1,500,000
Leaves for estimated cost to new Company of 419
miles of road 14,902,667
From which it follows that the new Company obtain the
entire control, possession, and use of 419 miles of railway now
ii» operation in Maine and the Provinces, by an annual expen-
diture of an amount equal to six per cent, on 5;;4,902,6f>7, or
$294,160.
To render this pru))erty the most })roductive and valuable,
and to cai-ry out the object of the proposed consolidation, the
new Company must build or complete the unfinished portions
of the main line between Portland and Halifax, amounting in
all to 290 miles.
The sui veys show that such is the generally favorable char-
acter of the surface, that even at the present high price of mate-
rials and labor, thei^e portions can be built for a sum not ex-
ceeding probably .>40,000 per mile.
Propositions from responsible parties have been made to the
Company to construct and complete over this distance a single
track, with stone structures for a double Irack. together with
the necessary sidings and station-houses, for a sum ])(t mile a
little short of that amount.
290 miles of road at $40,000 per mile is ;:11,6U0.U00
This amount will be reduced to the Company by
the following donations:
45
1. Donation of the State of Maine of
timber on 225,000 acres of land, es-
timated at $200,000
2. Donation from New Brunswick of
610,01)0 per mile for 114 miles 1,140,000
3. Donation from Nova Scotia of 4 per
cent, interest for 20 years, on a cost
of $40,000 per mile for 69 miles,
equal to, as stated in prospectus. . . 1,810,000
4. Amount expended ])y a former Com-
pany in construction East of Bangor,
^378,000, less $200,000 paid for the
same by the new Company, the dif-
ference being substantially equiva-
lent to a donation of 178,000
Vi- '
5. Claim on United States Government
donated by Maine, now before Con-
gress, and favorably reported by
Committee, $10,000 per mile for 107
miles 1,070,000
Total donations $4,428,000
These donations being deducted, leave cost to
new Company of 290 miles new road 7,172,000
Add cost of 419 miles of existing road as above. . . 4,902,687
Total cost to the new Company of 709 miles of road. $12,074,607
Whicli is !?1 7,030 only per mile.
Add the estimated value of rolling stock acquired
by the Company as above 1,500,000
And a further expenditure for the same purpose
when the new portions are completed 500,000
Give for the entire cost of 709 miles of road and
equipments to the ncAv Company $14,074,667
Equal to $20,000 per mile very nearly.
Deduct cost of lines in Maine as above 4,736,000
Total East of Bangor $9,338,067
/
46
The annual interest at per cent, on tliis amount of
$9,3;}S,()67 is 5b0,320
It has been shown that the excess of net earnin<,''s
over interest on the cost at six ]ier cent, of the
220 miles iu operation in Maine may be put at . . 225,000
$335,320
Leaving the sum of $335,320 to be realized to the Company
from tlic annual net earnings of 709 — 220= 489 miles of road
from Bangor to Halifax, to enable it to meet its obligations of
interest and pay rental for the pro])erty acquired from other
companies. To secure this amount, the net earnings of the
line from Bangor to Halifax must equal $801 per mile per an-
num, for, •
290 miles at $801, is ii'249,670
199 " ^«Ai is 85,050
2 '
$335,320
To realize $801 per mile rction,say to the amount of $2,000,000,
which, with the inducements offered, there should be no great
difficulty in obtaining. The caintal of the Company by its
charter is limited to 150,000 shares; 100,000 shares it is pro-
posed to I'cserve for the branch to Madawaska and other pur-
poses. The remaining 50,000 shares to be subscribed for at the
present time, and upon this subscription $40 per share to be
paid in, which will give the amount required of $2,000,000.
Under this view of the subject, the annual net earnings to
47
the Company, to be adequate to pay interest, rental and expen-
ses, and ten i)er cent, on the $40 per sliare of stock })aid in,
must amount to, per mile, on the 489 miles ol' road, !irl,(l()7, re-
quiring an amount of gross earnings per mile, per annum, of
only .^2,134.
For the entire line of 7(H) mile.-^, the average net earnings per
mile, per annum, to give the same result, must amount to
$1,510, and the gross earnings to ^;],();32, which is Si, ()()() less
than the gross earnings the i)ast year of the lines in operation
in Maine.
New Brunswick and Nova Scotia, although not yet in a con-
dition to contribute as fully to tlie busines^s of the road as
Maine, are nevertheless increasing rapidly in population, and
have large mineral and agricultural resources. An important
item of revenue from the entire line will, it is believed, be
found in the receipts from through passengers between Halifax
and Boston or New York. The railway being com|)leted from
Portland to Halifax, the distance by rail from Halifax to New
York will be as follows:
Halifax to Portland, as above 50U miles.
Portland to Boston IIU ''
Boston to New York 234 "
Total Halifax to New York 934 '•
To be reduced to 910 miles when the New York and Boston
Air Line is completed, the unfinished portion of which is now
under contract.
This entire distance of 910 miles can be passed in 30^ hours,
at the average rate of 30 miles per hour, or in about 25 hours,
by making 35 miles per hour from New York to Portland, and
40 miles per hour over the broader gauge from Portland to
Halifax.
The distance by sea from Halifax to New York is 700 miles
direct, requiring 70 hours, at the average rate of steaming of
10 miles per hour, making a saving of one and a half to two
days in time by railway as compared with steamer, a saving
which will give to the railway a large proportion of the trans-
Atlantic travel.
I'll '
48
The capabilities of railways and their induencc in stimulat-
ing and incrcasiug population and business wherever con-
structed, are now so well understood that nothing need be
added upon this head. There can be no doubt that the Euro-
pean and North American Railway Company will pot-sess,
when their present plans arc perfected, a great and valuable
property, and especially valuable to those who may be able
and willing to become contributors to its capital stock, under
the arrangement as proposed.
EDWJN F. JOHNSON.
MiDDLETOWN, Ct., Novembcv, 1864.
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