Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1838-04-05

relation to public use with wharves stores and hotels
Weare of opinion that the statutes authorizing
one man, without preliminary inquiry, TO flow the
land Of another oppressive if not UNCONSTITUTIONAL
Allowing the mill owner he pleases to take INTO
possession the Land Of another for his mill pond
throws his injured party into the false position of
appearing to be party disturbing the rights of others
This is one for the general failure of Justice
under the statute, which have been many prose-
cutons, although many suffer who never prosecute.
To purchase all the lands proper TO be flowed would
be generally far less expensive that the present state
system'of permitting the lands TO be flowed first,
leaving to the only remedy by petition. At
ter tedious controversy to settle the damages, it
commonly happens that both parties are dissatisfied
i his has tendency TO bring disrespect upon our
system of administering Justice
Time has wrought such changes that now to pro-
mote Agriculture is more public benefit than 10 en-
courage the increase of mills As in so mauy States
embracing much more than half the Union no stat
utes as The flowing have been adopted, it would
seem safeto return to the common law here, rely
ing on time TO point out proper remedies for any
evils that may arise. Such has been the oppressive
practice under the flowing provisions, and such diff
cutes have been experienced in the attempts to OBJ
tain justice under them, that in the that now
exist it is fair to presume that the injured land
ners would submit TO any reasonable terms that the
mill owners may offer.
Generally, the mill owners being active and veal
thy or commanding resources by their enterprise
and credit have disregarded and trumphed over the
more humble cutvators Of the soil. In some in
stances poor men owning poor mills have done great
mischief In other cases failures occur, ana the
drills are assigned that all damages in arrear arc
lost All damages are lost where either party dies
before the final judgment, as the statutes nuke nc
provision that the process shall survive. sometimes
the occupants nre poor and the remedy lost when
4 thesownels cannot be ascertaned, do not live
within the jurisdiction Of the Court. lnsolyent ow-
ners may occupy, having mortgaged their mill iol
all they are worth. he present right to flow holds
in great danger of destruction large tracts Of vaua-
BILE live timber Such soils contain SO much ibrous
and woody matter that in dry seasons, heavy fires
may burn and ruin the soil as well as the dead tim
Der a
Spring frcshets deposite much fertility on low in
tervales. TO encourage the draining and improve
ment Of such lands is good policy. Lowering the
water level but few inches, where the stream is like
canal drain through tract ofmeadow land, will
make the surface soil on the whole meadow, essen
tally drier and better adapted for grasses than FROM
firm, sward Al light expense for draining in that
way lands too wet will become firm which before
seemed perfect mire. At the outlet of such tracts
naturally collect in the distractions easily
moved where no advantage is taken to flow and
keep up the head water. During controversy to
settle the damages, the light TO flow and so proven,
all fair chance to examine the facilities for draining
opperates oppressyely upon the owners Of the land
| flowed. 4 $780, - : 81 ,ss H f.sl
IS not correct policy to destroy good land to in-
crease water power in country where great a
mount OF water power runs to waste. During the
proper season Of the year would be well to divert 10
Agriculture greater proportion of the labor devo-
ted 10 numbering, and to saw less when we ought to
sow1and pant. There need be no fear but can
saw all the logs and lumber to be had. The diff
| cuity isto raise enough of grain and grass
obIle the Temperature is too cold for vegetation,
say from late in Octoberto early in May, flowing is
benefit hence security for to that por-
ton of the year.
4 here being much land highly productive MATURE
ally or capable of being made So injured by flow
ag, youf committee are of opinion that tho provis
ions ofour Statutes on that subject ought to be re-
pea'ed or modified and report bill herewith sub
THOMAS SAWYER. II. r-b,,r,no,