2>S5d /vyi^s a ARGUMENT. Mr. Speaker :—A hundred years ago, within a year and a few months earlier than this, there was an assem¬ bly in this goodly city of Concord—a remarkable con¬ vention. It was composed of a few more than a hun¬ dred members. They had met after the long revolu¬ tionary struggle, after the period of discontent and demoralization that followed the revolution—they had met in convention here, in a church in Concord, to de¬ termine whether they would give their assent to the proposed constitution of the United States. If they should give that assent it would be the ninth state, and it would give that constitution validity, and make the union under that constitution complete. As we look back today upon that gathering, it seems to us incredi¬ ble that these men, gathered under those circumstances, could have hesitated about their duty. And yet, day after day, they engaged in earnest and angry debate ; day after day, they debated whether that great instru¬ ment should become Magna Charta of the young and new republic, a republic upon whose fate hung the millions yet unborn, and whose example was to stand for all time for the oppressed of all nations. And yet they stood there, and they debated whether they would give their sanction as the ninth state to that proposed constitution. After the debate had run several days, there arose an old man in that convention. He had served in the Revolutionary war. lie had done his duty patriotically, bravely and faithfully. He repre¬ sented a town of this very county. He stood up there and he said :—“ Washington, I have followed for seven WAY ECp.MO^CS, apr u m 4 years, and I do not fear to follow him now. He has signed this constitution; he has commended it. to us; and I am not afraid to follow his example when I have followed it for seven years through the Revolutionary war. This constitution is proposed for the welfare of this nation ; it is proposed to unite what is now disunit¬ ed ; it is for the general welfare, leaving the people of the state complete masters of their domestic affairs.” Who was that old man who thus spoke briefly, but so pointedly and eloquently? He was the father of Daniel Webster. Gentlemen, from that day to this, in my judgment, never has a question been presented to the representa¬ tives of the people of New Hampshire of more gravity than the one that concerns us todav. That was at the birth of the nation. That was at the dawn. Today the sun has risen ; it has passed the zenith, we hope long to shine there and not [descend. But, gentlemen, we do not know how soon the sun may begin to descend. Some seeds have been sown among the people of this country that may yet spring up and/‘cause dissolu¬ tion. But, so far as we can see, the republic has many years before it; the states have many years before them. But, if the republic is to endure, if the states are to stand, it must be through the integrity of the people and of their representatives; it must be through their patri¬ otism and their courage when they are called to meet the exigencies that shall confront them. We have one of those exigencies confronting us to¬ day. I feel myself, although I have served seven years in both branches of the legislature of New Hamp¬ shire, that I have never [stood before a^ question that goes so deep into the affairs of the state, that touches so closely the individuality of the people of New Hamp¬ shire. 0 Now, gentlemen, before I proceed to state the reasons which impel me to vote for the indefinite postponement of the pending bill, I desire briefly to advert to some suggestions that have been offered by the several gen¬ tlemen who have defended that bill upon this floor. And I shall not say, as the gentleman from Claremont said, that no gentleman opposed to me has presented any argument here with any solid foundation. I thought it was rather an unkind remark; because I recognize upon this floor, one who has spoken in opposition to the Hazen bill, who, I think, is not only the peer ot the gentleman from Claremont, but the peer of any man in the state of New Hampshire. (Applause). Years, long years ago, Gen. Sullivan, in the legislature of New Hampshire, at the sunset of his life, made a speech for Dartmouth college. It was the last speech that he made ; and he stood upon the floor of this old state house, and he pleaded for that institutution. I do not know, and you do not know, that the speech that was made here yesterday by the gentleman from Exeter, may not be, after all, the last speech that he will ever deliver to the legislature, or to the people of New Hampshire. I trust that it will not be so, and that we shall hear his voice in this hall for many years to come. But, if such should be the case, gentlemen, I know that that speech, coming as it did from his broad and logical mind, and from his true and great heart, will stand beside the speech made by Gen. Sullivan for his old college of Dartmouth. [Ap¬ plause.] The gentleman from Claremont has done me great honor upon this floor. I Ie has read many extracts at length from the newspaper which I happen to publish, and have for many years. I do not know where he obtained his clippings, and it is not material. If he had asked me for the privilege of examining my files for the year 6 1883, that he might ascertain the views which I then addressed to my readers upon the pending railroad questions, I should cheerfully have given him the privi¬ lege. But some one, I do not know who, has gathered for him extracts from my newspaper, taken from their editorial and proper connections, and he has presented j them here at great length, for the purpose of impressing this house that the position which I occupy today is en¬ tirely different from the position which I occupied in 1883. Well, if my position is different it would not trouble . me much unless the difference was one that involved a fundamental principle. Four years is something of a span in human life. And if anyone has that principle within him which broadens him out, he will change and enlarge his views somewhat in four years. So I should not care if it were true, today, that I had somewhat changed and enlarged my views within four years. But, gentlemen, I stand today by every word I uttered in 1883. I stand today by the record, and I challenge the gentleman from Claremont, and I challenge any gentle¬ man on this floor to point out to me one single idea, or one single reason, embodied in the articles that have been read here from my newspaper in 1883, that con¬ victs me of inconsistency in anything that I have uttered' here or anything that I shall utter here. Since the gentleman has adverted to that period, I desire, also, at the outset to advert to it a little. In February, 1883,1 took dinner with the New Hampshire club, at Young’s hotel in Boston. There chanced to sit beside me at the table a gentleman who has now be¬ come well known in New Hampshire and in New Eng¬ land—if he was not well known then. That gentleman was Mr. James T. Furber, the general manager of the- Boston and Maine Railroad. I had not then the 7 honor of his acquaintance, but it was made, as much as it could be under the circumstances, during the dinner. In the course of our conversation he informed me that it was the purpose of the railroads to present at the next session of the legislature of. New Hampshire, a bill for general consolidation. During the conversation, Mr. Furber asked me what I thought would be the prospect for his obtaining such general legislation. After a moment’s pause, I said that I did not think the legisla¬ ture of New Hampshire would grant such legislation, unless it was accompanied by a railroad commissioners’ act—like that of the state of Massachusetts. Later that afternoon, Mr. Furber, being called to make some re¬ marks, took up the railroad question; and he frankly and squarely advocated the establishment of a railroad commission in the state of New Hampshire—such as they had in Massachusetts. I think, so far as I know, that was the beginning of the consideration of a railroad commissioners’ bill in connection with the general rail¬ road legislation of 1883. The suggestions that Mr. Furber made to me weighed somewhat upon my mind. I soon saw that the railroads proposed to obtain from the legislature of New Hampshire the general consoli¬ dation that they sought; and I then made up my mind that, so far as my duties as a newspaper man in New Hampshire were concerned, so far as my duties as a cit¬ izen of the state were concerned, I never would consent to general railroad consolidation unless it should be ac¬ companied by a strong railroad commissioners’ bill. Now, gentlemen, having the knowledge of these facts before you, perhaps you can better understand the ex¬ tracts that have been presented here in yonr hearing. From the beginning to the close of that controversy, I never abated in the least my advocacy of a railroad commission as the essential accompaniment of a gener- % 8 al railroad law in this state. Search the files of my paper from beginning to end and you will find that to have been the dominating and predominating idea. I do not say today that I was right in that. I do not know that I was wrong. But I do know that insisting that a railroad commissioners' bill should accompany the general legislation—I do not know, today, that I was right rn that. In furtherance of my views I came to this legislature, at my own expense, and addressed the railroad commit¬ tee upon the railroad commissioners’ bill. The argu¬ ment which I made at that time was the only one pre¬ sented to the railroad committee during the entire session upon that bill. And I will state here—although it may be a little immodest I think I am justified in saying it—I will state here that in my argument I insisted that the railroad commissioners of New Hamp¬ shire should have the power to fix the maximum of fares and freights. I knew that no such power was lodged in the commissioners of any eastern state; but I had be¬ come convinced from my investigation and study of the question that such power should be given them. The chairman of that committee came to me the next morn¬ ing after my argument, and not only commended what I said, but he told me the committee had voted unani¬ mously for an amendment giving the railroad commis¬ sioners the power to fix maximum fares and freights. And that power, gentlemen, is the power our railroad commission has today. This is about all I have to say in regard to the ques¬ tion of consistency. If I have not satisfied every gen- lemen who hears me that the position which I took then had not any selfish purpose, that it had not in view anything detrimental to the public, then nothing that I can further say will convince him. 9 9 I shall not at this late hour travel the ground that has been so thoroughly traversed on both sides in regard to the intent of the legislation of 1883. The question has been debated pro and con very thoroughly, and every possible argument, and every possible authority has been stated on one side or the other. I shall leave the question just where the gentleman from Claremont left it yesterday, when he said to this house that he thought it was the intent of the legislation of 1883 to unite the Concord road and these upper roads. That was the ex¬ press and exact language from the gentleman from Claremont, uttered upon this floor yeoterday; and with that authority I leave this branch of the subject. I have no doubt that it was intended, whatever may have been the letter of the legislation of 1883, that the Concord road and these upper roads should be united. Nor have I any doubt either that the negotiations that were pending for the union of those roads were interrupted, as I said in my opening speech, by duplicity and subter¬ fuge. Who was the man that represented the Northern Railroad? Who was then president of the Northern Railroad? And who negotiated with the managers of the Boston and Lowell for the lease of that road for ninety-nine years? That man was Mr. Sherburne. And it certainly w r as a remarkable piece of evidence pre¬ sented before the railroad committee by Mr. Mellen, the general superintendent of the Boston and Low r ell, when he intimated to that committee that there was something in the interview which he had with Mr. Sher¬ burne with reference to this subject that he did not care to make public. The counsel did not press him, and there it w r as dropped. What are we left to infer? There is only one legitimate inference that can be drawn from such a confession as that; and that infer¬ ence is that there w r as something improper in that con- 10 ference, which led to negotiations, and which the gentleman did not wish to make public to the railroad committee or to the legislature of New Hampshire. We may well conceive there may have been something of that kind when we consider what has been the history of that railroad president and of the Northern Railroad from that day to this. He is today, a fugitive in Europe —a fugitive from justice and from the law of the state of New Hampshire ; and no summons from this state, no intercession of his friends or foes have been able to in¬ duce him to return. Why? Because, gentlemen, in the sale of the Sullivan Railroad by the Northern Railroad to the Connecticut River Railroad there was one hun¬ dred thousand dollars missing. I discovered in my in¬ vestigations as chairman of the railroad commission of the state of New Hampshire that the Sullivan Railroad was sold for eight hundred thousand dollars and that the Northern Railroad received only seven hundred thousand dollars. Where is the other one hundred thousand dollars? Who has it? Is there any doubt in the minds of any gentleman here that this fugitive in Europe shared a part if he did not take the whole of that hundred thousand dollars? And he is the man who made thnse negotiations which cheated the Concord Railroad out of the benefits of the legislation of 1883. That, gentlemen, is the source of the controversy in which we are engaged. . I was sorry that the gentleman from Claremont saw fit to advert to the Cheshire lease. Possibly I misun¬ derstood him; possibly he did not intend to intimate that there was anything wrong in the support that cer¬ tain gentlemen gave to the Cheshire Railroad consolida- tion bill. I hope that I am mistaken ; I hope that I misunderstood him, or that he did not make himself clear. But since he referred to that subject, it is proper II that I als© should refer to it and relate to this house a little history. There came to this legislature early in the session a plucky little lawyer from Cheshire County, who asked for the -passage of the Cheshire bill. He is a bright lawyer, too, and a persistent one. He appeared alone before that committee and he asked that committee to ap¬ prove a bill—which proposed to do what? It proposed to increase the capital of the Cheshire Railroad by one mil¬ lion dollars. To do what? To lay new side-tracks, to build branches and extensions, and to buy new equip¬ ment—to increase the capital of the old Cheshire road one million dollars to do those things. It immediately occurred to me that it was something new in the rail¬ road policy of the state of New Hampshire to increase the capital stock of railroads to build side - tracks and to buy new equipment. And I made the sug¬ gestion to the gentleman that before he insisted upon incorporating those features in his bill he ought to be able to show to the committee that such had been the / policy of New Hampshire. Well, he could not show it. He investigated, and we looked over together the record of the state, and we did not find a single instance in the whole history of legislation in New Hampshire that she had ever increased the capital stock of a rail¬ road for any such purpose as building side-tracks and furnishing new equipment. It was then suggested to the gentleman that he should eliminate those features from his bill before it could be approved by the com¬ mittee ; and I am glad to say that upon that point the committee were unanimous ; and I want the gentlemen here to remember it, because in something later that I shall say it will have a very important bearing. Those features were eliminated. Then there was just one feature left that I could not approve—that was the 99- 12 year lease feature. But at that early day the subject lay so undefined before this legislature that I did not feel like jeopardizing the bill, after the eliminations had been made, by openly opposing that feature ; but. I did not vote for the bill in the committee, and I did not vote for it in the house. So much for the suggestion of the gentleman from Claremont that there was some¬ thing peculiar about that Cheshire railroad bill and its introduction and passage here—and there was, in the respects which I have narrated to you, and which I wish you to remember, for something later that will come. The gentleman from Claremont in the most passion¬ ate utterance that he made to the house declared in sub¬ stance that he would lose his right arm before he would vote for the Atherton bill which gave to the new cor¬ poration two millions of surplus of the Concord Rail¬ road. Throughout this debate from beginning to end on the other side the argument has been that there is a definite, tangible and considerable surplus in the Con¬ cord Railroad, that, if it should be united with the Bos¬ ton, Concord and Montreal, would be lost to the state treasury of New Hampshire. Now, if that is so it is an important fact for us to know and consider. If it is not so it ought not to weigh anything with us in considering the merits or demerits of these bills. Now, is there any¬ thing to that suggestion ? The provision in the Con¬ cord Railroad charter in regard to the reserved right of the state to take that road on making up the back divi¬ dend is precisely the same as has been stated upon this floor, and as is to be found today in the charter of the Boston and Maine Railroad and the charter of the Man¬ chester and Lawrence Railroad. If the Concord Railroad has any surplus that belongs to the state of New Hampshire, by the same reasoning the Boston and Maine has a surplus that belongs to the state. *3 The surplus of the Concord Railroad today, by the last report, is only two hundred and fifty thousand dollars; the surplus of the Boston and Maine, cov¬ ering precisely the same things, is one million eight hundred thousand dollars. Now, if there is anv sur- plus in the treasuries of these railroads that really belongs to the state I hope the suggestion of the gen¬ tleman from Claremont that a commission be appointed by the legislature to hunt it up will be carried out. And let us make it sweeping; let us not subject the Concord Railroad alone to this investigation, but let us extend it to the Boston and Maine as well. [Applause.] But, gentlemen, I think we can discover without wait¬ ing for an investigating committee or any commission, whether there is really any surplus in these railroads. I do not share the opinion which has been expressed here by some legal gentlemen. Of course I do not in¬ timate that my legal opinion is of any account as com¬ pared with theirs. But I do not believe that, if the state should take the Concord road or the Boston and Maine, that the state would have to pay more than the back dividends without interest. I can see very clearly, how- ever, that that would be a question for litigation between those corporations and the state. It would have to be settled, and it might take a long time to settle it; and the courts of last resort might say that interest should be allowed those corporations—although I do not think so. Col. George, in his argument before the committee in 1883, took the express and distinct ground that these corporations were not entitled to any interest on the back dividends. Assuming, for argument, that this is the case, then the state would have to pay the Concord road something like six hundred and fifty thousand dol¬ lars, in order to obtain the property at $1,500,000. There is no question but the state in doing that, if it T 4 could confine itself right there, would make a million or two million dollars by the operation. In my opinion, there is no question about that whatever. But, gentle¬ men, it never will be done, it never will be done. Why? Because there is a better thing to do ; and I shall endeavor to show, before I get through, there is a better thing to do—a thing that will avoid litigation, and will bring to the people of the entire state of New Hampshire all the benefits that could possibly accrue from the state taking these roads. The surplus of the Concord Railroad is not in cash ; that is a delusion ; there is no surplus of the Concord Railroad in cash—or but a very few dollars. The sur¬ plus of the Concord Railroad that we speak of, consists in this property, this fine station down here, costing two hundred thousand dollars, that is an honor to the Con¬ cord road, and a source of pride to the entire people of the state of New Hampshire ; the surplus of the Con¬ cord road consists in the new brick station at Nashua, an elegant station for that city; the surplus of the Con¬ cord road consists in the wharf at Portsmouth, and the large outlay that has been made upon it; the surplus of the Concord road consists in the Nashua, Acton and Boston Railroad, purchased for two hundred and fifty thousand dollars; the surplus of the Concord Railroad is the North Weare road, purchased at two hundred thousand dollars ; the surplus of the Concord road is in some sixty or eighty thousand dollars of the stock of the Suncook Valley branch, put in there to build that railroad, while the Boston and Maine never has helped build a single mile in the state of New Hampshire. [Applause.] This is the surplus of the Concord Rail¬ road. When the gentleman from Claremont talks to this house about taking two millions of that surplus and dis- i5 tributing it among the stockholders of the Boston, Con¬ cord and Montreal, he talks to you the veriest fiction. The property of the Concord Railroad, valued, as I Believe it is, above its cost, at between three and four million dollars, has been the accretion of forty years of honest, economical and faithful management on the part of that road. It has not been squandered ; it has not gone into the pockets of its directors, or managers, or stockholders, beyond the limit fixed at ten per cent, by law ; but its surplus has gone into improvements, until the Concord Railroad, today, is the finest piece of rail¬ road property of its extent, in the United States of America. Now, gentlemen, I shall refer with entire respect, but with some plainness to the remarks made on this floor yesterday by the gentleman from Exeter, my friend, Mr. Bell. And I wish to say at the outset that any¬ thing that I shall say here with reference to any gentle¬ man, a member of this house, though it may seem that there is some tinge of bitterness, there will be none what¬ ever in my heart. I was mystified—I think that is the proper word—I was mystified by the argument which the gentleman from Exeter presented yesterday. I do not know that the house was mystified, but I certainly was. Because that gentleman started out with these propositions—that he had great fear of the political power of railroads ; he had great fear of the Canadian Pacific Railroad; and he had geat fear of the Canadian Pacific obtaining control of the railroads of New Hampshire ; and he asked that the people of New Hampshire should rouse themselves in order to prevent this possibility. Well, gentlemen, I share perhaps to some extent in the fears of corporate power. I think there are facts that warrant us in sharing to some extent that fear. There may be facts that war- 16 rant us in sharing the gentleman's fear of the Canadian Pacific Railroad ; but I say to you, gentlemen, here, this, day, that I do not stand in one-tenth as much fear of the Canadian Pacific Railroad as I do in fear of some do¬ mestic corporation with its headquarters in the city of Boston, its soul in the city of Portsmouth, and which seeks to obtain entire control of the railroads of New Hampshire. [Applause.] The Canadian Pacific, while it may at some time propose to obtain an entrance directly into the city of Boston, must do it, if it comes through New Hampshire subject to the laws of New Hampshire, precisely as the Grand Trunk Railway, that crosses the northern part of this state, is today and always has been and always must be subject to the control of New Hampshire. And with the natural feeling that exists among the people— that natural and patriotic jealousy of a corporation which exists outside of the United States — I think public opinion will always be sufficient to keep that corporation under a check. But when you come to a domestic cor¬ poration, that is at home, upon your very hearth, that can go out among the people and affect all their politi¬ cal and business interests, and penetrate and permeate all the departments of state, then it becomes a very different thing. The evidence cited yesterday by the gentleman from Exeter of the experience of California,. New York, Pennsylvania, New Jersey and other states, is a complete proof that the real fear that should ani¬ mate the people of this country is not from corporations foreign to the United States, but corporations that are domestic and are able to influence and control domestic affairs within the state. And right here let me say that I am glad that the Canadian Pacific is built—I am glad that it today consti¬ tutes a competitive power against the transcontinental 1 7 railroads of the Lnited States. It is to furnish an outlet for the manufactures of New England, to the Pacific coast, and to China : and it is to bring the products of the West to us. In the evidence submitted here, it was shown that during this session of the legislature, four¬ teen carloads of cotton fabrics from my own city were sent over the Concord Railroad, over these upper roads, over the Canadian Pacific, and have already gone across the Pacific and are in use today in China. Why were they thus sent? Because the rates by the Can¬ adian Pacific were lower than the rates by the Suez canal. That is the reason why the manufacturers of Nashua and Lowell send their products by the Cana¬ dian Pacific. The gentleman from Claremont would wipe out all competition. I suggest to him that he commence with the Canadian Pacific. (Applause.) The gentleman from Exeter, Mr. Bell, said that the policy of New Hampshire previous to 1883 had been to make short lines, and that the law of 1883 revolutionized the policy of New Hampshire. That is partly true and partly not true. So far as leasing railroads is concerned, the policy of New Hampshire for forty years has been to lease. For forty years, almost from the very incep¬ tion of the railroads of New Hampshire, it became clear and inevitable that the short lines must become connected and put under one management. Why, the Eastern Railroad in New Hampshire was leased forty years ago to the Eastern Railroad in Massa¬ chusetts. The Portsmouth road has been leased to frie Concord road more than a score of years. The Atlan¬ tic and St. Lawrence, that passes through the northern part of the state, has been leased to the Grand Trunk for many years. For forty years we have been leasing railroads. This is no new thing. What is there new about it? I will tell you just what there is and all there i8 is. The leasing was done by special act of the legislature up to 1883. By the law of 1883, the roads were given the power to lease without coming to the legisla¬ ture. This law did not change the principle ; it only changed the method. It had been found that the con¬ tests in the legislature here had been attended with great expense, not only to the railroads, but to the state, in the length of the sessions of the legislature. That was one of the reasons why I supported the legislation of 1883. I thought, out of that legislation, we could avoid the contests that attended special legislation, but we have not succeeded ; and we have had at this general session, the longest and costliest, the most deplorable contest that New Hampshire, or, I believe, any other state in this country has witnessed. There is no time, and it will not be profitable, to attempt to ascertain the cause. The ostensible reason lies in the fact that the legislation of 1883 was turned from its proper course— that a corporation, the Boston and Lowell, outside of the state, leaped over the Concord Railroad and got posession of these upper roads under a law that has since been declared by the supreme court to be uncon¬ stitutional. And that, gentlemen, leaves upon this leg¬ islature the onus, the duty, the unavoidable task of either perfecting that legislation, or of devising some other legislation, so that this contest and the others that have preceeded it shall not be repeated. Now, the gentleman from Exeter, notwithstanding all his fears of corporate power, notwithstanding all his fears of the Canadian Pacific, notwithstanding all the arguments that he urged here against their being per¬ mitted to obtain control of our railroads, announced at the conclusion that he should support the Hazen billt The one reason that he urged with great force and more elaboration than it has been urged by any- 19 4 body else, was that there are certain sections, the 8th, 9th and io in that bill, that would give the Manchester and Lawrence Railroad the free run of fourteen miles of siding in the city of Manchester. I must say that I was astonished that a gentleman of the legal acumen and general culture and general information of the gentleman from Exeter could stand up here and defend those sections. I say that I was astonished ; because, gentlemen, if there is one thing in this Hazen bill, that ought to receive your unqualified condemnation it con¬ sists in those three provisions that were injected into that bill while it was in the committee. Why ? Because under a general law they seek to accomplish by indirection the utter ruin of the Concord Railroad and the utter destruction of the great good that can come to the state of New Hampshire by keeping that railroad intact and accomplishing what it has pledged itself to this legislature to carry out. I say that under those three provisions the Concord Railroad, as a dis¬ tinct and vital organization in the state of New Hamp¬ shire, cannot stand two years. Why do I say it? Let me explain. Those fourteen miles of siding in the city of Manchester penetrate all all the factory yards in that city. They have been built there bv the Concord Railroad, and the manufacturing business of that city has been built up by the side of those tracks. The life blood of the Concord Railroad comes from the city of Manchester. Take that away and the Concord Rail¬ road from year to year will have no surplus—I doubt even if it could pay ten per cent, to its stockholders. Now, what lies behind this? Who is the treasurer of the Amoskeag corporation, the greatest cotton manu¬ facturing corporation in the world? Mr. Cooledge, one of the directors in the Boston and Lowell Railroad, a gentleman who, the instant the lease of the Boston and 20 Lowell was made to the Boston and Maine, cleared one hundred and fifty thousand dollars in cash by that lease in the appreciation of the large block of stock that he held. That lease to the Boston and Maine obilges the Boston and Lowell and its officers to help maintain that lease in order that the Boston and Maine may be able to pay the seven and eight per cent, pledged to the Boston and Lowell Railroad by contract. Mr. Cooledge is the treasurer of the Amoskeag corporation,, and he is also, I believe, the treasurer or a director in nearly all the other corporations in the city of Manches¬ ter. If these provisions can be incorporated here and become the law of the state the Boston and Maine Railroad will run its own freight cars, drawn by its own locomotives, up to every cotton factory in the city of Manchester, and the Concord Railroad is disemboweled. That is what it means. What is the motive behind this? I have been reliably informed that when the first lease of the Boston and Lowell to the Boston and Maine was drawn it was not intended that these upper roads should go, but that they should be left to the Concord Railroad. But the Boston and Lowell, at the head of which is Mr. Cooledge, with his immense wealth of twenty millions, insisted that they should go, and go- they did. And he insists that these amendments shall go into this bill in order that the Concord Railroad can. be emasculated and compelled to go into this combina¬ tion within two years. And what have they done in or¬ der to bring this about? They have put a provision into that law that cannot be found in any other state in this country. Is that not an extraordinary proceeding? I would like to have the gentleman from Claremont get up. before this house and furnish some reason why there > should be incorporated into this bill a provision that 21 cannot be found in the railroad statute law of any other state in this country—that up to this time has been sedulously excluded because of the rights that it would destroy, because of the dangers that would be incurred. There is not a statute law in any of the United States, so far as I know, that allows another rail¬ road to run its own locomotives over another railroad— not one that I know of, unless it be in some special, un¬ important and isolated case. Why, in my opening re¬ marks I read to you the opinion of the commissioners of Massachusetts, the ablest, most eminent and most au¬ thoritative railroad commission in America, and they pointed out to you the wrong to rights of property that such a thing would inflict, and the dangers that it would bring with it to the traveling public. And yet these gentlemen have cunningly engrafted upon this bill this provision which will destroy the Concord Railroad within two years. Why, the last words of the gentleman from Claremont were a charge to remember the surplus of the Concord road. And by this legisla¬ tion they propose not only to destroy the surplus but but the Concord road itself. I say to you, gentlemen, before you vote for this bill remember not only the surplus of the Concord Railroad, but remember the vested rights of the Concord road, its stockholders and the people of New Hampshire, and remember the right to protection of life and limb that belongs to the traveling public. [Applause.] The gentleman from Exeter told us something about the bonds—“ the bonds ! the bonds ! ” And I thought of the play where the ghost comes in—“ the ghost! the ghost!” “The bonds! the bonds!” What are these bonds, and what are these pledges that the Concord Railroad has put into its bill? The Concord Railroad comes here for certain legislation—affecting what? 22 These two upper roads—these two upper roads alone. What does the Concord Railroad say to the people up¬ on the line of these two upper roads? It says to the people in this bill here, give us the control of these and we will pay the Northern more interest than the Bos¬ ton and Lowell is paying; we will join the Boston, Concord and Montreal to ourselves upon an equal foot¬ ing ; we will share its burdens and it shall share our ad¬ vantages ; and in addition to that we pledge ourselves , to make certain extensions, long desired by the people of the upper part of the state of New Hampshire, abso¬ lutely essential to its complete development. Now, the gentleman from Exeter tells you that there is something like bribery in that, and he says that, because the Atherton bill contains those provisions, it “ bristles all over with bribery—bristles all over with bribery ! ” Is that so? Is,it a misapprehension on his part? Is it an extravagance? Is it a fiction, or what is it? I said the gentleman mystified me—and he mystified me a great deal upon that point. If that is bribery, then ever}" act or charter which is sought for the benefit of any town in this state, and is supported by its represen¬ tatives, is an act of bribery. For fifty years the people of this state have come here for charters for railroads, and they have been supported by the representatives of their section ; and they have been supported on the ground that these railroads were local; that they were essential; and that the people had the right to support them and to pledge 'their representatives to support them, and to elect representatives only who would sup¬ port them. This has been the history of the state for forty years ; and whoever before thought it was bribery ? Whv, there is no concealment even about this. There it is in cold print, and every man can read it for him¬ self. Bribery comes by stealth; it takes a man una- 23 wares ; it appeals to his sordid passions ; it never in¬ vites publicity. But this does invite publicity, and there is not the first taint of bribery about it; but there is an honorable proposition for the development of the state of New Hampshire by the resources of the Concord Railroad. Now, I am for that. I say here deliberately that I am for it; and I am for this bill because it pledges the Concord Railroad; and I believe the Concord Rail¬ road will carry out its pledges. (Applause.) Why, gentlemen, why should not this upper country be developed? And who is to develop it unless the Concord Railroad shall? I will show you later, gentle¬ men, beyond peradventure, that unless the Concord Railroad makes this development it will not be made for many years to come. Now, I am not in favor of taking the surplus of the Concord Railroad that exisists in depots, wharves, stations, and improvements on its line, and transporting them up to the north country; I am not in favor of that, as some gentlemen would seem to have us believe would be the effect of the Ather¬ ton bill. But after the Concord Railroad has cut down its fares lower than any other railroad in New England, I am in favor, if it has a surplus left of fifty or a hundred thousand dollars, of applying it to the devel¬ opment of this upper country. That is what I am in favor of, and I do not believe it will be developed unless it is developed under the Atherton bill. Now, the gentleman from Franklin, Mr. Aiken, the other day, made a speech here that did not mystify me any. I was greatly pleased with it. I was dis¬ appointed at times, and at others very much pleased. When he went on to extol the virtues of the Concord road, I almost hoped that he would come out and vote * * for the Atherton bill; but when he went on and extolled t ie virtues of the Boston and Maine, and said that he 2 4 \ should vote for the Hazen bill, I was a little cast down. But, the gentleman did say one thing here that relieved the situation a good deal, if it did not exactly comport with some other things said upon the same side. He said that it was as sure as fate that the Concord Railroad must become a part of this great through line from the mountains to the sea; and he gave away this whole scheme—that this consolidation must ultimately in¬ clude the Concord Railroad and its “ surplus." Now, the gentleman from Franklin is a frank gentleman; he is an able gentleman; and he has done as much to develop New Hampshire as almost any other man in the state, and I greatly honor him. And I also greatly honor him for his frankness. He is too honest, too frank to stand up here and attempt to disguise this thing, as some of the gentlemen upon this floor have. The gentleman from Hampton Falls, my co-laborer up¬ on the railroad committee, Mr. Brown, said that the Boston and Maine did not propose to intermeddle with the Concord Railroad. Oh, no. His cue was • that. But it was slightly interfered with by the gentleman from Franklin, when he said frankly, honestly and knowingly I have no doubt, that it was proposed, be¬ fore this thing should end, that the Concord Railroad should be included. And if any gentleman here will read the 7th, 8th and 9th sections in that bill, and then say that they do not think it is proposed to include the Concord Railroad, he reads them in a different light from what I can. I think I have said all that is necessary and all that my time will allow, in a somewhat random way, in re¬ ply to the gentlemen who have preceeded me. I will now state .to you, as deliberately, clearly and honestlv as I can, my reasons whv the Hazen bill should be indefinitely postponed, and why every man in this 25 house, no matter what his previous predilections, should, in duty to himself, to his state, and to his people, vote for that motion. My first reason resolves itself about the control of these upper roads for the next hundred years. My first reason is, that the Concord Railroad by its physical connection with these two upper roads is their natural ally. Look on this map here, which has been recast so as to show the Concord Railroad as if it were in po- session of these two upper roads. You will see there are two systems, leaving out the Cheshire and the Con¬ necticut River system, covering, a large portion of the state, and about equal in extent and importance. They constitute two New Hampshire systems—one, the Bos¬ ton and Maine system, and the other the Concord Rail¬ road system. Now, I say that this is the natural solu¬ tion of this problem. It is what the legislature of 1883 intended. It is what the gentlemen from Claremont said yesterday was intended by that legislation ; and it is the natural thing, and is today the thing to do. Be¬ cause it gives this short Concord Railroad, a line of thirty-six miles, a northern extension of 150 miles or more, making a system of a little less than four hun¬ dred miles, and a little more or less than the Boston and Maine mileage in the state. I say, that the first reason why I am in favor of postponing the Hazen bill, is, that it proposes to prevent a natural solution of the rail¬ road problem in the state of New Hampshire ; and instead of giving to these natural allies the opportunity of creating a strong system, it proposes to leap over the Concord Railroad and place those upper roads in the control ot the Boston and Maine, thus give it eight- tenths of the railroads in New Hampshire. I say that thing is unnatural, it is abnormal, and is not the right thing. 2 6 My second reason for voting to indefinitely postpone the Hazen bill is that the Concord Railroad is peculiar¬ ly situated to carry ont the desired improvements upon these upper roads. I must say that considering all the facts of the case I have been astonished that the repre¬ sentatives upon this floor living upon those lines have not given more weight to this consideration. I do them the justice to say here and now that they desire the thing that is best for their own lines and localities. That is natural to us all. They desire their roads to go where they will be of the most benefit to the people and the business on those lines. Now, which is best situated, the Concord or the Boston and Maine, to carry out what is necessary for the development and operation of those roads? I have called your attention to the natural situation. I call your attention now to their financial condition. The Concord Railroad has no debt. Well, now, that is really a fortunate thing. I am one of those persons who all their lives are in debt. I have not able to get out of debt, and never expect to until the last day comes that lavs mein the o;rave. But here is the Con- cord corporation, a great corporation that is out of debt. It has great resources and it is ready to share those resources with the people of the upper country. Now, that is a great advantage—do not lose sight of it—that the Concord Railroad by its credit, by its resources, by its annual net income, is better prepared than any other railroad in the United States to help you. And yet, you shut your eyes to that fact; you have not given it its due weight in the determination ofthis great question. Why, where is the Boston and Maine? It has a loal of debt—more than fifteen million dollar's outside cf its capital stock and the capital stock of its leased lines. A debt of more than fifteen million dollars ! Why, its own debt is enormous ; and when you come to put it with the debt of the Eastern and the debt of the Boston and Lowell it is more than thirty millions—the debt of those three roads alone, to say nothing of the other roads they have acquired. The gentleman from Exeter in his convincing ad¬ dress yesterday anticipated me upon this point; but its weight deserves repetition. The Boston and Maine Railroad with its capital and debt has been shown to you by figures, upon this floor, to stand at a hundred million dollars—one hundred million dollars ; more than fifty millions of clear debt. There is one historical fact in this country that is of great significance, and that fact is, that in about once in twenty years we have a financial revulsion in Amer¬ ica ; and that financial revulsion lasts from three to ten years before business and property can recover from it. We had one of those financial revulsions in 1816, another in 1837, and another in 1857, and another in 1873 ; and if the historical parallel is followed we shall have another in seven years. Now, when that comes, is there any man here that can tell me that the Boston and Maine, with its fifty millions of debt, can breast the storm? Is there anv man here, who can tell me that the Boston and Maine will not follow the Eastern,' and suc¬ cumb to the storm? Why, the Boston and Maine is expanded six times as much as the Eastern was ex¬ panded when it was submerged. I know it is fair sail¬ ing today ; but, I tell you, gentlemen, the Boston and Maine has entered upon a policy that must, in the nature of things, have to stand a great financial strain within a few years. When that strain comes, the Boston and Maine may not go as low as the Eastern went; but I tell vou that the Boston and Maine’s leased lines will meet the fate that the Nashua and Rochester t 28 met; it will meet the directors some night coming around and asking you to scale down your interest or dividend one-half. And you will do it—you will do it; because, if you do not, bankruptcy and the receiver will follow. That is what took place with us in Nashua, only a few years ago—not when the storm came, but when we were recovering from the storm. And just as certain as fate, if the Boston and Maine continues the policy upon which it has entered, of taking into its em¬ brace all the broken down railroads of New England and sustaining them by large annual interest, it must meet the storm, and meet it soon. Then, what is to become of these two upper roads leased for 99 years? Your Eastern Railroad in New Hampshire, which cost only half a million dollars, was leased, for fifty-four years, I believe, to the Eastern Railroad in Massachu¬ setts. The financial storm came, and they scaled down the dividend. That road today is receiving but four and a half per cent., while it is earning upon its cost thirty per cent., certainly, if not more, every year that the road is operated. And yet, by that lease run¬ ning fifty-four years, the owners of that stock can ob¬ tain only four and a half per cent. I tell you these long leases are susceptible of great results—and great disas¬ trous results. Never in the history of the Concord Railroad has it been seriously injured by any financial convul¬ sion. Its credit has never been affected ; but it has gone steadily on, doing its appointed work, making im¬ provements on its line. No financial revulsion—and we have had at least three during its history—has ever affected its credit. So, I say to you, gentlemen of the north, upon financial grounds as well as natural grounds, you ought to give your support to the proposition that shall place the control of your roads into the hands of this strong and solvent Concord Railroad. 29 Now, I want to call your attention to another reason why the Hazen bill should be indefinitely postponed, and the management of these upper roads placed into the control of the Concord Railroad by some legislation we can devise. A few years ago I was riding in the State of Maine with Mr. Blaine, and during our conver¬ sation he spoke to me about the great sea-coast line of that State. He told me that it was three thousand miles in extent, a fact which I did not myself know before, but which I believe is an exact geographical fact,—that it has a sea-coast line, including all its inden¬ tations, of about three thousand miles, making the finest coast in America. Mr. Blaine said Maine is being great¬ ly developed by the summer business, but it is only in its infancy. In a few years, when the great West shall have its fiftv millions, he said the State of Maine and the State of New Hampshire are to reap a harvest from the people of those sections such as they little dream of today. And I believe that Mr. Blaine was right—that we do not realize today the development that is to come to the mountain and lake regions of our State. Now, it is proposed that this lake region and moun¬ tain region up here, which cannot be duplicated any¬ where on earth, shall be passed over for ninety-nine years to a corporation that has so little interest in the State of New Hampshire, legally, that when it took its lease of the Eastern road it did not perform its duty under the law of 1883 and file a record of that lease in the office of the secretary of state, although the law ex¬ pressly provides that shall be done. As chairman of the railroad commission of this state, I asked the general manager one day why he did not comply with that law, because I found that no record of the Eastern lease had been made in the office of the secretary of state. His reply was that they did not hold that they were required 30 under the law of 1883 to file any lease in New Hamp¬ shire. I should like to know if the Boston and Maine Rail¬ road and the Eastern Railroad, making their leases, as every one supposed, under the act of 1883, really do not believe today that they came together under that act, or owe any allegiance to the State of New Hamp¬ shire under that act. And yet, gentlemen, I have a letter which I will reed, showing, although their atten¬ tion was long ago called to it, that the lease never has been filed in the State of New Hampshire in accordance with the law. State of New Hampshire, Secretary’s Office. >• Concord, Sept. 22, 1887. ) This is to certify that no lease of the Eastern Railroad to the Boston and Maine has been presented to be recorded in this office. A. B. THOMPSON, Secretary of State. You will remember that at the beginning of this ses¬ sion I introduced a resolution calling upon the Boston and Maine to furnish a copy of that lease, and it was furnished, and is the only copy that I kriow of that is in our possession here today. I think before I get through I can furnish some facts and circumstances that will furnish reasons why the} r did not want that lease filed here. I was speaking of the subject of this upper country when I made this digression. I assume that the devel¬ opment of that country is only in its infancy; I assume further that there is not a like piece of country anywhere on earth like that; and such I believe to be the case. Travellers who have stood upon the Alps, travellers who have skirted the lakes of Scotland, travellers who* 3i have stood in the great Yellowstone Park, who have stood under the shade of the magnificent forests of Cal¬ ifornia, travellers who have been in Spain, Switzerland and Italy, returning to America and visiting that region, have all said with one accord that they have never found anywhere a country equal to it in its landscapes, in its mountains and its lakes. This country is to be the Mecca of the summer tourists and travellers for the years to come. Its wealth from that source cannot to- v * day be estimated; it is untold, and it will last for years and years to come. And the railroad that is to have the control of the avenues to that region is to have a source of income of immense value to it. The Hazen bill proposes to put the Boston and Maine in control, and it proposes to do it, too, under a lease for ninety- nine years at five per cent. And in all these coming years, when the tide of summer travel throngs there, when the revenue flows in a steadv stream from that source to the Boston and Maine, the benefit is not to come back to you, but it is to remain in the coffers of the Boston and Maine. And that brings me to what is the most startling, the most important, the most vital thing in this whole con¬ troversy; and I ask your indulgence if I am a little tedious while I call your attention in detail to it. The lease of the Eastern road to the Boston and Maine is the most remarkable one that I ever heard of in this country or about which I ever read. There is nothing like it in the history of New England. I have examined a great many of the leases in Massachusetts and I found none there like it. This lease was made December 2, 1884; and it was made with a great many terms, con¬ ditions, items, covenants and agreements. But the things to which I wish to call your attention may be briefly summarized. I have had printed and laid upon 32 your desks the lease of the Eastern Railroad to the Boston and Maine ; and while I am upon this branch of my argument, I will ask you to follow me in my comments upon that lease, because you will discover there some things that I think will astonish you. I think the gentlemen living upon these northern lines, will discover there something that will astonish them. This is serious business, gentlemen. We stand here on the very edge of approving or disapproving a measure that involves the future of that great region for ninety- nine years. Turn, if you please, towards the bottom of the first item, where it reads, “The railroads and properties herebv demised and those of the lessee shall be used, man- aged and operated by the lessee in a proper, ordinary, and judicious manner, according to the best discretion and judgment of its managers, so as to secure the largest amount of earnings from each which can be realized therefrom , with due regard to the service to be rendered to the public, and to the preservation of said roads and properties in good order and condition for rendering such service efficiently and economically.” I call your attention to the language, which is cer¬ tainly very remarkable and singular—“ so as to secure the largest amount of earnings from each which can be realized.” The prominent idea, and subsequent facts will show why it was put in there ; and the only idea, really, is, that “ the largest amount of earnings shall be realized from that lease.” Now, turn to the first item, where it provides that (“The lessee shall pay the operating expenses of both the lessor and lessee. Such operating expenses shall include, as part thereof, the cost of ordinary repairs and renewals ; all expenditures arising out of any contract, obligation, business, negligence or misfeasance, or how- 33 ever otherwise arising, in any way, connected with the use and operation of the railroads and properties of the parties hereto, and including damages to persons and property; insurance; all taxs of every description, fed¬ eral, state or municipal, upon property, business, fran¬ chises, or capital stock ; interest upon the improvement bonds hereinafter mentioned, and payments to the sink¬ ing fund for such bonds ; any other expenditures here¬ inafter declared to be operating expenses; and the organization expenses of the lessor, for which, in ad¬ dition to sufficient office accommodations to be furnished by the lessee, there shall be paid to the lessor at the end of each successive three months, during the term of this lease, the sum of twenty-five hundred dollars {$2500), which gross annual payment shall cover and include the three thousand dollars ($3,000) to be paid to the trustees under its mortgage.)” Take the second item : “The lessee shall pay, as the same become due, the rentals of all railroads leased to either the lessor or the lessee, and the interest on the permanent debt of both the lessor and lessee, a schedule whereof is hereto annexed, and to that end shall pav to the lessor such sums of money, at such times, as shall enable it to meet punctually the interest on its debt as the same matures.” Now the third item: “After making the payments specified in clauses first and second , and from the sur¬ plus remaining the lessee shall retain to its own use the sum of six hundred and thirty thousand dollars ($630,- 000.)” That pays the Boston and Maine ten per cent, on its capital stock. The Boston and Maine takes the first slice. Now, fourth : “After making the payments and ap¬ plications specified in clauses first , second, and third , all surplus then remaining, up to the sum of one hun- * 34 dred thousand dollars ($100,000), shall be paid to the lessor for its own use.” That goes to the Eastern to re¬ duce its debt, which is now some thirteen or fourteen millions. The fifth clause: “ After making the payments and applications specified in clanses first , second , third , and fourth, and from the surplus then remaining the lessee shall retain to its own use the sum of seventy thousand dollars($70,000).” That goes to the Boston and Maine. The sixth clause : “After making the payments and applications specified in clauses first , second , third , fourth , and fifth , all surplus then remaining, up to the sum of three hundred and thirty-six thousand dollars ($336,000), shall be paid to the lessor for its own use.” ‘ That goes to pay dividends on the Eastern stock that had been receiving no dividends—-five millions in amount. The seventh clause : “ After making the payments and applications specified in clauses firsts second , third , fourth , fifth , and sixth , any surplus then remaining shall be retained by the lessee, but shall be applied to permanent improvements upon the respective proper¬ ties of the lessor and lessee fro rata according to mile¬ age, including branches and leased roads, so far as such improvements may be required, and the remainder, if any, may be applied to the purchase, at the market price, of any of the improvement bonds hereinafter pro¬ vided for.” Let me explain the provisions of the seventh clause iust a moment. All improvements of a permanent char- years under this lease must be made fro rata upon the mileage of the entire system of that road, which, if it obtains these roads, will be about two thousand miles. After paying dividends on the Eastern stock and reduc- t 35 N ♦ ing the debt one hundred thousand dollars annually, if it can find one hundred thousand dollars for the purpose of permanent improvements, it would have $17,000 for the year's entire permanent improvement upon these two upper roads—and only $17,000. Now, is there any escape from this?—I ask for light if there is. If there is any gentleman in this house who can explain it in any different light, I will thank him to rise here and take my time and explain it. [Applause.] I say that, un¬ der this lease, iron-clad, made by the Eastern to the Boston and Maine, no improvements can be made on those upper roads except in that ratio. Now, where are your permanent improvements com¬ ing from? If you want an extension, who is to build it? By the very conditions of that lease the Boston and Maine cannot do it until all these conditions are ful¬ filled. And I tell you, gentlemen, that explains why, in the Hazen bill, there are no promises to make im¬ provements. [Applause.] I do not like to insist upon a challenge ; but I repeat,, if there is any gentleman here who can explain this to me or to you in any other light, as we stand here today at this eventful hour, I will thank him to rise and do it. Mr. Bell: How about the improvement bonds that are provided for? Mr. Moore : Now, the gentleman from Exeter, asks me—how about the improvement bonds that are pro¬ vided for in the very next provision of this lease. I am glad that the gentleman from Exeter called my attention to that, because thereby hangs a tale. I will read a little further—“ The lessee shall from time to time make such permanent improvements in and upon the demised premises as the requirements of business may make necessary and proper. To meet the cost of such per¬ manent improvements, and of the like improvements 36 upon its own property, the lessee shall issue its bonds, to be called “Improvement Bonds.” Such bonds shall run for the longest period allowed by law, and shall be secured by a sinking fund, the annual payments to which shall not exceed (except with the written consent of the lessor) one and one-half (i 1-2) per cent, of the face of the bonds, and which said payments, as well as the annual interest on the said bonds, shall be deemed to be operating expenses, and be paid out of gross earnings as part thereof.” .A little further it says that “ the permanent improve¬ ments (which are provided for in this lease) shall, for the purposes of this lease, be as follows, to wit.—” I call your attention especially to this. I said, in speaking of the Cheshire Railroad, that I should have occasion to call your attention later to another matter; and that other matter is right under your eyes here. For what are these improvement bonds to be issued, upon which the Boston and Maine is not only to pay the interest from the earnings paid by the people and the business, but they are to provide a sinking fund of one and a half per cent, to liquidate these bonds at their maturity. Now, for what purpose? First, for “ any increase in track mileage.” Just think of it—-just think of it—a cor¬ poration like the Boston and Maine providing for im¬ provement bonds to run for the “ longest period allowed by law ” in order to pay for “ track mileage”! And what is “ track mileage ” ? Sidings are track mileage; and upon almost every great railroad in New England the sidings are nearly equal to the main line. And yet it is provided right here that improvement bonds, upon which interest must be paid by the people and the busi¬ ness, shall be issued to pay for track mileage—a thing we struck out of the Cheshire bill because it had never been known to the policy of New Hampshire. Do 37 you see the pit, gentlemen, in which you are about to fall if you pass this Hazen bill? But it does not stop there. Look at the next item. “Any increase in the number of any class of rolling- stock over the number in existence and inventoried at the inception of this lease.” A great, rich and powerful corporation providing for improvement bonds to pay for all the increase in its equipment—the very thing we struck out of the Ches¬ hire bill; and every member of the majority of that committee voted to strike it out. [Applause.] And yet, they propose here by the passage of this Hazen bill to approve of this great corporation’s adopting a pol¬ icy right in the teeth of the policy that has always ex¬ isted in the State of New Hampshire. But it does not stop there, gentlemen. Read the next clause : “Third—Buildings or other structures in the nature of improvements to real estate, which do not replace but are in addition to buildings and structures in existence at the inception of this lease ; it being understood, how¬ ever, that in the reconstruction of buildings and struc¬ tures (including bridges) the excess in cost of the new structures over the cost of restoring the old structures to • as good a condition as when new, shall be treated as an improvement expense.” Gentlemen, think of it! A great, rich and pow¬ erful corporation providing for the issue of improve¬ ment bonds for the longest term known to the law, to build a little passenger station, to revamp an old one and make it a little better, and provide in the lease that every dollar of that expense should be paid for by improvement bonds. Why, gentlemen, look at the pit in which you are about to fall if you pass this 38 Hazcn bill,—to put yourselves into the clutches of a great and powerful monopoly that is bound by an iron¬ clad contract to dispose of its great property in this manner, and to do it bv wringing from the business and the people the revenue that is to pay for it, while it should be paid for out of the earnings as current ex¬ penses of a railroad. Why, gentlemen, I had the audacity to ask Mr. C. S. Mellen, general superintendent of the Boston and Lowell Railroad, standing right upon this floor here, if he in his experience ever heard of a railroad issuing its capital stock to pay for new equipment. And he said he never did, for this reason : that all equipment wears out in from eight to ten years, and if you issue against that any permanent indebtedness, that permanent in¬ debtedness is duplicated every eight or ten years, and made to pile up mountain high. That gentleman, right upon this floor, showed the folly of the course that is marked out here by the Boston and Maine Railroad. But they do not stop here. They are after improve¬ ment bonds. Look at this ! Fourth: “ The reconstruction of buildings and struc- lures and the reorganization of yards and terminal fami¬ lies for freight and passengers at Boston and Portland.” You are to help pay for the reorganization of the yards and terminal facilities at Boston and Portland; and the business of New Hampshire, flowing down in a steady stream from these upper roads for ninety-nine years, is lo go to help pay for all these things. Fifth: Such other matters and things in nature of new construction as shall be agreed to be such by the parties hereto, or shall be decided to be such by the rail¬ road commissioners of Massachusetts, or a majority of them, upon the application of either party. They thought of everything they could, and, not 39 thinking of anything more, they thought of a general inclusive clause that should take in everything they could not think of. In the last nineteen years the passenger earnings of the Boston, Concord and Montreal have gained 206 per cent. In 1864 they were $113,000; in 1883 they were $348,000. The freight earnings on the Boston, Con¬ cord and Montreal twenty years ago were $186,000; in 1883, $503,000—a gain of 172 per' cent. In the next twenty years, if the same ratio continues, and there is no reason to suppose it will not, the passenger earnings of the Boston, Concord and Montreal will be $1,067,158 ; and its freight earnings, $1,367,000—an increase of nearly 200 per cent. It is about the same with the Northern Railroad ; it is a little less, but the ratio is nearly constant. All this enormous increase in the bus¬ iness of these upper roads is not to go to your benefit under this lease, but it is to go to the coffers of the Bos¬ ton and Maine, and the things that I have read to you must be carried out before they can make any perma¬ nent improvement there, unless they do it by issuing permanent improvement bonds, still further increasing the indebtedness of the corporation. Now, look at the contrasts between the conditions that exist there, and the conditions that would follow the union of your roads with the Concord road. Why, it seems to me that no gentleman in this house, coming here upon his oath, and upon his responsibility as a representative and intelligent man, can possibly be de¬ ceived by this thing. There is no escape from the con¬ ditions of the Eastern lease. It is a trap. And the reason is this: The Eastern Railroad stock, before that lease was made, commanded hardly #any price in the market. As was told you by Gen. Marston, it had gone down to three dollars a share. Now, that stock fell into 40 a very few hands. It was bought up largely by a few rich stockholders in that road and in the Boston and Maine. When that lease was perfected, which compelled the Boston and Maine to obtain the‘largest possible revenue that it could earn, regardless of any¬ thing else, and then to divert that revenue to the pay¬ ment of dividends on the Eastern stock, that stock went right up within two years from io per cent, up to 135 ; and it stands today, at the last quotation, no, I believe, no dividends yet paid. Now, this is the scheme, gentle¬ men : it is to lift that great indebtedness of the Eastern Railroad; it is to pay dividends upon that five millions of stock ; and it is to improve those great properties by the issuance of additional improvement bonds, which will be taken by the capitalists of those roads. Now, there is something beyond this ; the scheme does not end here. So far as we are concerned, I have nothing to say against the scheme as between the Boston and Maine and the Eastern. But I say, as monstrous as this is for the people of New Hampshire, it is not the whole of it. What is beyond it? At the last session of the Maine legislature the Boston and Maine Railroad obtained an act allowing them the right to issue their own stock and buy up all the roads with which they are connected in the states of Massachusetts, New Hamp¬ shire and Maine ; and I have the act right here. They applied to the legislature of Massachusetts for the same thing, but they were twice defeated; but it is the cur¬ rent belief that they will succeed next winter. What does that scheme embody? The scheme is this, I call your attention especially to it. When the Boston and Maii^e buys up its leased lines, that are leased anywhere from four and a half to eight per cent., and gives its own stock in the place of that stock, under the laws of this state and under the laws of the \ 41 state of Massachusetts and the state of Maine, it can take ten per cent, dividends. Now, the gentlemen who are fortunate enough to get hold of these roads, the leased lines, and own the property and get the ex¬ change, are simply going to put millions into their pockets by the operation. Because that stock, when it becomes the stock of the great consolidated corporation, can pay, under the law, ten per cent. And hundreds of thousands of dollars more will be wrung from the people and from the business along the lines. Gentlemen, I am going to state something upon my own responsibility as a man and as a representative here. I so thoroughly believe that this Hazen bill is such an in¬ iquity, that it will work such calamity and such wrong to the people of New Hampshire, and especially to these upper lines, that I cannot upon my oath here as a repre¬ sentative sit silent when I know of some things that ought to be said here. And I say that upon my own responsibility, and as a representative and as a man, I propose to state them. I charge that behind this scheme which I have de¬ tailed to you there is a stock-jobbing and stock-manip¬ ulating plot in which Boston brokers are corruptly en¬ gaged. That is the charge. Now I propose to present you the proof. There is a member sitting in this house who, in a broker's office in the city of Boston, was offered three thousand dollars if he would vote for the Hazen bill and work for its passage. Why was it? Because that broker is engaged to parties who will pro¬ fit by the passage of that bill by the stock manipulations that lie behind it. I charge, further, that in a broker's office in the city of Boston a member of this legislature was shown the books of that broker, and the transactions were all ex¬ plained to him. That broker made sixty thousand dol- 4 2 lars by the Worcester deal. He furnished the money that was used in operating that deal. And he offered that member of this legislature a chance to go into that deal and make from ten to fifteen thousand dollars if he would vote for the Hazen bill. That member is listen¬ ing to me at this moment. I cite these things because because I believe it to be my duty, my sworn duty, to state to you what lies behind this great scheme. I believe it involves wrong and calamity to the state of New Hampshire, and that I should be faithless to my trust if I sat here silent when I know these things. Gentlemen, I am not going to weary you much long¬ er. There is still one other phase of this question, and that is the political phase. And I shall advert to it but briefly. But I shall advert to it because I believe it to be my duty. Gentlemen, I am a Republican. The Republican party is in a majority in this house and in this legislature. It is responsible for the legislation. When I say that, I cast no reflection upon the minority here. All majority parties are responsible for the legislation that they en¬ act. And whether this measure be good, or whether it be ill, the Republican party cannot escape the ultimate responsibility for this thing. Now, as a Republican, I believe it to be my duty to oppose this thing, because it would be a wrong and a calamity to this state. I be¬ lieve it would be a wrong and a calamity to the Repub¬ lican party; and that that party, if this measure passes, ought to be held responsible for this kind of legislation. Since I have come to this legislature I have made the acquaintance of several Democrats whom I never knew before. I have found them interested in this measure just as I have been ; I have found them taking the same views of this measure, politically and financially, that I have taken. And I must say in acknowledgment to 43 those gentlemen, that I am exceedingly gratified that I have made their acquaintance at this session. I have a higher opinion, not only for those Democrats in particu¬ lar, but for all Democrats in general, from acquaintance with those gentlemen. I have found them, in every in¬ stance, so far as I can judge, simply* actuated by an honest and earnest purpose here to enact such legisla¬ tion as will be for the interest of the people of New Hampshire. Now, I say that the Republican party will be responsible for this legislation, and must be held re¬ sponsible for it. No Republican here can afford to place his party, and no Democrat here can afford to place his party in such a precarious position as it will be by the enactment of this measure. ✓ . Now, in 1883 I expressed the opinion that if we should have general consolidation in this state, with the rail¬ road commission and the courts, the people would be safe. I expressed that opinion then, believing that we would have in this state two or three systems. I never dreamed, and I do not believe any one else really dreamed, that under the legislation of 1883 it would be possible or practicable for one corporation to absorb all the railroads in New Hampshire. But that, gentlemen, is practically the problem before us today. Its political aspect presents itself to me a little different from the way it was presented in 1883. I have great respect for the courts of New Hampshire. I believe that whatever comes the supreme court of New Hampshire will stand firm and true. But, gentlemen, I sa^here, and now— and I think I know something whereof I speak—that with only one railroad in the State of New Hampshire, your railroad commission will be substantially controlled and owned by that railroad. That is my honest opinion, my deliberate judgment. I do not believe it will be possible in the nature of things for a railroad commis- 44 sion, so intimately connected with the railroad power of this state as it would be under those circumstances—I do not believe that three men can be selected, or will be selected, in the State of New Hampshire who can withstand its blandishments. So I say that it is a dangerous thing for us to enter upon this step. One railroad controlling New Hampshire will control the politics of the state. It is so in Pennsylvania. The Re¬ publicans have the good-will of the Pennsylvania Rail¬ road and they carry the state. In California, the Dem- ocrts have the good-will of the railroads and they carry the state. And so it is everywhere. Wherever a party gets the help of the railroad power, it is the dominant party. The railroad power in some way manages to control the state. It does not do it directly ; but does it in that subtle, that tortuous way, which in nine cases out of ten is much more effective than direct approach. A little incident transpired right here during this ses¬ sion of the legislature, within a week, that caps the climax of this argument, and proves that all I say is true. I want to call your attention to it as an example of the inevitable result that must follow where a railroad man obtains dominant power in a state. Down here in Rockingham county is the little town of Danville. It is located off the railroads ; it has but one mail a day. The other day the citizens to the number of seventy- three, leading men of that little town, petitioned George E. Dame, superintendent of the mail service in New Hampshire,'to supply that little town with an ad¬ ditional mail. Note the request: how proper. There are shoe factories there. Having but one mail is found to be a great detriment to the town. The representative from that town, with two or three citizens, came to Con¬ cord. He had been previously told by Frank Jones that if they would get up a petition there, he would en- 45 dorse it, send it on to Washington, and they would get what they wanted. They came up within a week, called upon Frank Jones, presented the petition, and asked him to endorse it. This was a petition for a little addi¬ tional mail service, a thing which is so necessary to us all, whether we belong to one party or to another. They asked Frank Jones to endorse it, as he had told them he would. Did he do it? What was the ques¬ tion he put to them? “Will you help me upon this measure up here in the legislature before I endorse that petition ? ” The gentleman is one of the oldest members of this house. He is listening to me now. Fie hesitated ; he said, “I am a representative here; this question is before the people and the legislature ; I am under my oath to discharge my duty here, and do it rightly. I did not suppose when you said you would endorse that petition I was to pledge you that I would vote for the Hazen bill.” Mr. Jones said: “I do not ask you to pledge me, but I want you to help me before I will sign that petition.” They dallied for half an hour, and then the representative said : “ Mr. Jones, will you sign that petition, or will you not?” And Mr. Jones said, “I will not sign it unless you will help me.” The repre¬ sentative left. FIc handed me the petition, and here it is—here it is without Mr. Jones’ signature. And that representative is on this floor listening to me at this very moment. [Applause.] There, gentlemen, you have it in the green twig. A man so powerful, so rich, so autocratic, that he will say to a representative of the people, sworn faithfully to discharge his duties, say to him that before he shall have a little additional mail service in his town, “ Pledge yourself to help me.” They left higi without obtaining his name to that petition—an honest and ingenuous petition—to aid that little town. O shame, gentlemen ! Shame, gentlemen, upon such a j 46 lack of manhood as that! Shame, gentlemen, that we have fallen upon such times in New Hampshire, that we have an autocrat here who can say to a representa¬ tive of the people, “Get down upon your knees, cringe to me, pledge yourself to do my bidding and my work before you shall have what is due you as a citizen of your town.” And this, gentlemen, is but a page of the chapter that is to come to us if, for these long ninety-nine years, you allow the railroads to pass into such hands as these—to pass into the hands of stock manipulators and stock jobbers—aye, gentlemen, to pass into the hands of stock gamblers and of political autocrats. This is only a sample, gentlemen, whether you are Republicans or Democrats, of what is to happen to you by this legisla¬ tion. You, gentlemen, may cast your vote for it, but as for me, as said the gentleman from Claremont, I say here that before my tongue shall utter a “no” against this motion to indefinitely postpone, I hope that Provi¬ dence will paralyze that tongue. [Applause.] *