Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-29

This Is simply question OF instcc and farm, -,
and do not believe that this House Is ready TO
take upon itself the great responsibility to utterly
disregard the Judgment of an impartial committee
which has thoroughly investigated the subject ana
| come to a unanimous decision that the petitioner
| asks nothing but what is right and reasonable.
Mr.. TALBOT said the bill contains no provision
i whereby the rights of private person are Sc
cured lie commended that from the iced and
pans of the i cslty, the land of the petitioner did
not go even TO high wafer marx that the original
owner never ing conveyed the stlip 10 any enc,
still owns it, Is he aims in his remorsirance.
What right has this Legislature, then, to take The
property OF the father, without providing sumo
way by which he shall have compensation Bat
if the petitioner had ie,ht TO lun in front o: his
| land then if gentlemea would look at the pan,
they would see that his lines as they approach the
shore couytrge to point, and if he had the right
F, to continue to low water mark, when he comes to
low water mark, he has go. bu. % feet i'll width,
and il is proposed to give him wharf 30 feet
I wide. Ii az peersd to him that rights Of The re-
monstrant should be granted, by the indefinite
postpoDemcn Of the bill, or by amendments, for
there is no dispute that he put his name to the re
moEstIanCe. He next spoke of the advanta ages to
that portion of the State in having the facilities
| for travel which the steamboat company had at
foraed and said that the result of opposition
line would be that neither line would pay any
thing, and the people would be deprived of the ac-
| commodati0ns which are now afforded them by
this enteIprsing company But this was matter
the right to build over the land of another.
| Mr.. MARTIN replied TO the gentleman from East
| Machais, and said the petitioner owns on the wa
ter front in proportion to the land he owns on
| shore. The facts had all been explained to the
able and intelligent committee, who have reported
| as they deemed proper, ard he was in favor OF
| sustaining that report. The fowcry talk about
building up Bar lIarbor by this steamboat COM
pany all very pleasant. Blu! was tins any
| reason why MI Roberts should not have the
! rr;,. iler br] a VIII a,f
not, and hoped The bill would receive pas age
I Mr.. WHEEIwRIGHT replied to the gentemaa
from East Machias talbot, contendng that the
bill did not give the petitioner the right TO build
his wharf exc .It in iiopt o. his land, and he did
not see why the rights Of any individual would
be encroached upon. lie moved that when the
question be taken, il be by yeas and nays carried
| Mr.. CLEAvEs again spoke in reply TO several
gentlemen. lie had in his hand a letter urging q
| member OF the legislature Ia hasten the bill for
ward TO take it at once from the table, and to put
it through. TIE reason given i'll the letter was,
'here is another boat wishes to go on there
| Mr. WHITE of Buck poIt advocated the passage
| of the bill. The remonstrants claim that the
measure sEoud not pass because they fear an op-
position boat between Boston and Bar llarbor. 1t
has been the settled policy of the State to invite
foreign capial to State, TO increase our facili-
| ties for travel and To cevelope our resources. In
this case ii proposed to keep out foreign capl-
ta for fear it would iniuIe our interest. As well
might the hotel keepers at Bar Hail Dor obJec. to
granting chan tiers 10 cheese factories Tor fear
of enhancing the price of batter.
Mr.. TAPLEY SAID the bill authorized the petit
toner to build wharf on his own land "in front
of his own land This was in no wise inconsst-
ant with the theory, that his own land does not
| reach the shore, and the bill would seem to have
been drawn for the purpose OF meeting that very
contingency. 1t is not confined 10 building ION
his own land" but he may build on any other
land which is in front of his own land. Therefore
it was an important question how far his own
land extended He contended that the deed con-
veyed no land below high water mark, and in this
aspect of the the legislature had no right TO
grant the petitioner authority to construct a
wharf ever the land of another. If this land was
wanted by the public for public enterprise, the
legislature would have the power to take 1t. But
this is not public enterprise, but private enter
prise. Whatever our personal desires may be, we
should not arrogate to ourselves powers which are
not conferred upon
| The yeas and NAYS were then taken. result ng
in the negative, as follows
| YEAs-Messrs. Anderson, Barnard, Barron,
Bearce, Bray, Butler of Avon, Cleaves, Crosby,
Davis Eastman, Folsom, Ge, Haircs, Hall, Hal
ey, Harris Halves, Xiii, Lamb, Leavitt, Locke,
Lyman, Mason, McIntre, Mckinney, MHlhken,
Moody, Moulton of Scarboro', Nadeau, North,
Page, Payne, Parker, Pease, Pilsbury, Randall,
Sawyer, Shapleieh Smith of Jonesport, Stratton,
Talbot, Tapley, Taylor, Teft, Tolman, Tr ckey,
True, Nose, Walden, Watts, Weed, Wentworth,
Whitcomb, Withee-54.
| NAYs-MesSrs. Allan CT Dennysville, Allen of
I Brooklin, Baker, Barker, Blanchard, Bracket,
Back, Burnham, Burpee, Butler of Hancock,
Clark of Lincoln, Clark Of Wiscasset, Cobb, Col
son, Conant, Cunningham, Dodge, Doten, Durrell,
Dutton, Ea.on, Evans, Ferguson, Fernald, Fogg,
Gilmore Grinde, Hanson, Harmon, Head. Hoyt,
Jones, Judd, Lane, Lawler, Little, Lyford, Ma
comber, Martin, Mc(i.lvery, Merrill of West Gar
diner, Mitchell, Moulton of Lagrange, Montgom-
cry, Nutter Oak, Pirkhan, Pitcher, Porter, Pur-
inton, Reed, Roberts, Rogers, Sanders, Shepherd,
Simpson, Snow, Stanley, Stowe, Sturgs, Tink-
ham, Wade, Wagg, Wakefield, Warren, Webster,
Wheeler, Wheewrght, White, Whitney Of Dix
mont, Wiggin, Woodbury-12.
So the house refused to indefinitely pcstpo c
the bill.
Il Mr.. Tapley moved to amt nd so as to allow the
petitioner to bnild the WHAT on his land to low
water mark.
Il Mr.. WHEELwRlGHT opposed.
The amendment adopted.
l On motion of Mr. CLEAvEs, the bill was fuiti CT
amended by adding after the words zone hundred
and sixty feet in the first section, the words Sin
length and of the width Of 30 feet.
On motion OF Mr.. LEAvITr, the bill was amend
ed by addition providing the construction Of said
wharf shall Ut interfere with the navigation Of
Bar IIarbor"
The bill was then Eassed TO be engrossed
On motion of Mr.. LAwLER, the House
Adjourned.
/ BILLS, PETITIONS, &C., PRESENTED ANp
i EEFERRED.
4 BY Mr.. WEED, Remonstrance Of inhabitants of
Hampden against setting of and annexing t. Ban
gor a part Of lIumpdcn. Referred to the Commit
tee on Towns.
BY Mr.. NORTH, Petition If Reuben r. Jones ct
ais. for an act OF INCORPORATION for religious and
charitable purposes. Referred to the Committee
on the Judiciary.
BY Mr.. BARNARD, Bill an act to incorporate the
Calais Red Granite Co. Petition Of c. r. Whddcn
ct ais. for act to incoI ate the Calais Publish
ing Co. Referred to tn Committee on the Ju-
dietary
BY Mr. TEfrT, II monstrance OF Penobscot
Indians against change in existing treaties; petit
ton of same for al appropriation of $50 to pur-
chase notes OF ivey OF their Island; of same 70 r
appropriation of Si00 for schools Of same for an
appropriation of $1,000 for seed and ploughing; of
same for grant of 500 for support Of Priest, and
$50 for sala Of Governor, and $50 toward salary
of Lieut.. Cover; of same for grant from their
State funds an appropriation to complete school
house. Referred to Committee on Indian affairs
BY Mr. LAWYER, Petition of Chas. Rolf and
ll6 Others for lien on bark and wood. Referred
to the Committee on the Judiciary.
BY Mr.. DonGE, Remonstrance of selectmen of
Montville and lSS others against division of Mont