Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-20

,e,tlenan also sea>es that b. viii
baild the road and bridge for e3ScO.
hsidee thak has 20 staAd the swim current
II esrht mice an hour ard ths leo Of the
Piecstsqus river can be constructed Tor
asS0Df n Won lay Gus THE road ehs fact
i has Il wou,d be 81 rods further 10 Kit
tery village than II vii be BY the rad
which se VII lay OFT The gentleman Of
fsrs 10 pay eloO Tor On acfe Of this land.
viii cifsr $50 for Il. Il viii cost ~
slc0 "A acre to lay out this road and an
told that the land IL taxed for more than
500 an acre ut the present. time.
Mr.. Grsves-Ia apsver to the gentle
man from Kistefy will ssy that have
been on the Pre- misses several times. The
gentleman from Kittery says that the
bridge 10 to be 500 feet long. believe he
knows batter. II 10 simply across
li,tls creek about 200 feet
vide. He states that the tide runs eight
miles an hoar. Il 10 simply httle creek
which We wish to bridge and Ill the water
that there 10 10 simply that which
ais CD little basin hack in
there OF but twenty rode. The idea
Of the tide running in there at eight miles
an hour. II Is all bare ground. There 10
no waser. Laughter
Mr.. Mitchell called for the yeas and
nays which we're orceyed
MI Gentleman OF PArtonsdeld-I have
faith in the character and ability Of the
county commissioners Of York county.
They are men far above the reach Of any
insinlstion or reflection upon their charac-
te.. You must all have received the i'm
preston that an appeal vas taken from the
county commissioners ard that the court
reversed their decision. What are the
facts? The county commissioners did lay
cut this way. and committee was appoint
ed u review their Judgment and certain
legal obisctious were raised IS to the ter
minus Of the road. This matter vent out
Of court simply because the way In the Pc
ti,ion vas not definitely set out after reach
ing Spinney creek. In the GER
titled copy of the report they
say that they 'do affirm the decision
of the county commissioners t, Spinney
creek" 1t 10 432 feet scross Weir creek
of which only l25 feet is covered with tids
waters at all and il 10 not covered when the
tide is out. Are you to say that you know
more about this case than the commission
efs Of York county who viewd the premises
and went oven the road? The evidence OF
the estimated cost given by three practical
m-n before the committee was IS 20 and
IS 80 per lneal foot for the whole dis
lance Of 4S2 feet across Weir creek Of
which l25 feet lie tide water. Taking the
highest estimate. the cost would be $23l4
l6 The cost Of this remaining portion OF
the road was estimated at $500 which
would make $3ll4 l6. That 10 the whole
cost. There was responsible man before
the committee who guaranteed to build
this bridge for that money and to give a
b md to that effect. I believe that this
Legislature never has denied the right to
the county commissioners OF any county
10 determine matters OF this kind. The
gentleman from Kis.sry says that they do
not want to 60 to this expense. You know,
gen;leaoel, that the expense will be H.
curred by the petitioners.
Mr.. Hersey Of Biddeford--One question
raised by the gentleman from Parsonsfeid
il this, tina. this Legislature and the CON-
mittse should be narrows down to certain
strict rules and precedents. l raise the
issue with him. say that it is most en-
inently our duty TO take in the situation Aad
| to psss upon each mater As q committe e
and as body Of the House In an equitable
and fair manner. They say such action az
this is unprecedented. will refer the
gentle man to the time Wien The House OF
Representatives refused to grant permission
20 the county commissioners tn build q
bridge between Ors's island and Bailey 4
islaod, and refused that permission at two
different NEE. The question Of termini
has been raised here. The court then sit.
| tin g took jurisdiction Of the case, therefore
| i: is fair Tor US 10 presume that the termini
were properly located. because the com.
| miitee sfiicms part Of the decision OF the
| county commissioners and r jects . part.
A msj ority Of the committee thought that
in view of all those legal proceedings and
in view Of the ehortness Of the dstanco to
be gained. only 68 rods, ard in view Of the
expense, this matter ought not to paes.
Mr.. Dickey Of Fort Kent-This que stion
is very small one. Shall we make these
tide waters the ssms as dry land, 30 that
| the county commissioners may lay out a
road il they see ft? The present admins
| tration requires that their surveyor or epgi-
| neer ehall examine the road across tide
waters after il 10 laid cut by the
county commissioners, and il he reports
to the navy department that it does
| lot interfere vita navigation they will
get that permission. 1t is surrounded by
all the legal points possible, and we have
never in my experience, refused to give
the county commissioners the right to lsy
out q road across tide waters. We do not
have anything to do with the merits or
dement's OF the case. II the county COM
mi-sioners lay out the road. any parties
sserieved eau appeal to the court and the
court can refuse to sustain III. aclion OF
the commissioners. If we accept this
majority report we are simply denying the
right to individuals to petition the county
| commissioners to lay out road across
tide wa,ere. I hope the minority report
will lie accepted and that We shall give
Yo,k county the right to petition to have
thi. road laid. [Applsuse
The question Vas then upon the accept
auce of the msjority report Of the COM
mitiee.
YxA-Adams, Bir,, Bracket, Bradford, Bur.
g ss, Coolidge, DAVIS, Desrlng of wstert ORC
uee'ing SAGE, Dennen, Di hey II Lewiston,
Dot. Drew; Dun". Eastman, Esvine. Fsrrand
Fuller If Haiowtii, Cannon, eilnore. Glidden
Harrington, HNris, Hethaway, Hawss, Herse,
How s,Hussey, Jones Of Brooksvil * aIer, Kane
Kendall, kaight, Lamb, Leav,tt, Leighton of De-
hiois. lie lis. Litby Of Bingham, libby of stan
dish. Littl.feid, Marion, Maxim, Nc Allister,
Merrill OF Edd ngtoI, Merrill OF ST. altans, Mitch
ell. Moore, mullen. Niekerson. Noble, Osgood
Packard OF Corinna, Packard of Searsport. PAY
ker, Patterson, Peaks. Porter. Rand, Rldeout. Rid
ton, Rus sell. Sargent, sexal. Skof ID. smith OF
Portland, Smith OF Turner. snow. Stea-os, oton~,
Taft, Tiltoo, Titcomb, Totman, Warehouse,
Weeks Wh'tten, Wyman.-st
NkY-Brai' ard, Brown, Bucknam, Chadbouruc,
Tote, Cousios, Cummings, picxsy of Fort Kent,
den, Hartman hil'. johnson. Keegao. KimbAll
81 nfo Nash, Nelson, Newell, Newton Paysp
Shaw If ia Ii, shaw OF r. rtand, Thay ef. TIussel
Vaughan. Weseot',--ai.
ABssNr-A len OF Denmark, Allen Of Presque
Isle, Archibald, Aver. Callahan, Clark, Iiason
Croker, DrDmmond. Edger,y, Fuller Of Irem mt
Clifford, Glidden Of VII AIhaven, Gupiiil, Ham al
Lisbon, Herrck. Bersom. Hiscocs, Hunt, Jone
OF Brighton Kelley. Leighton OF PRESCOTT IevcGue
Martip, rooeTs. sIorse, Newsomb, Ofcutt, Pen
ley. PiuInmfr. Rie.er. Roberts, Rollins, Ross
Savage, Webb, White.-37.
So the majority report of the committt e
waa accepted.
On motion Of Mr. Peaks Of Dover bill,
. IN act 10 pr1vi1e smother mode for the
fors closure Of mortgsges, tabled pendir z
third reading, was taken from the table,
read the third time and passed to be en-
crossed.
On motion Of Mr.. Smith of Portland,
Adjourned.
CONTINUED on Sd psge.J
Eozfns,ious by tho Governor
The following nominations were made by