Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-02-07

| taueIH pt Tue puAfu 11t Co4feT0ft. L 90
not believe that the men Who do the work
should receive less pay than the man Who
"hosses the job"-if may be allowed the
expression. / also object to that portion
of the bill requiring that this act shall take
effect when approved unless there 10 some
provision put into the bill requiring this
Legislature to notify the different cities
where this act takes effect Immediately
Of the passage of the act and With the
assurance that ii shall not be repealed dur.
ing the session Of the Legislature. after its
passage. l certainly also object to taking
the affair out Of the hands Of the various
cities and puitiog i. into the hands of the
Governor of the State who perhaps may
know nothing about the wants or wishes
of the people. Fo, these reasons / am
constrained 70 vote against this bill as it
now stands; and understand that there
are men who live in cities and who have
personsl interest in this matter in the House
Who will attend to the various provisions Of
this bill when ii comes up, and this is all
have to say in the matter. and give these
as my reasons for voting against the bill! in
its present form"
On motion by Mr.. Haines of Kennebec
the yeas and nays were ordered on the pas
sage Of the bill to be engrossed, which
resulted
Yea: Messrs Adams, Haines, Hunt, Libby tof
Androseogginl. MAIlett Mayo, Moore, Pet.engill
Po.er.. Ryder % smith. Spear. Stewart, swanton,
| Nay Messrs. Chapin. Mehan, Sherman, W adlin
| and wslton.-5.
PASSED TO BE ENACTED.
Bill, an act to tx the salary Of the judge
Of probate for Androscoggin county.
L a. - -
of the city Of Wsterville to purchase the
franchise and property Of the Waterville
Water Company.
| Bill, an act relating to the powers of the
American Water Supply Company.
Bill, an set amendatory of section /, of
chapter 1886 of the laws of 1859, relating to
the Andover Agricultural Society.
| Bill, an act additional to and in amend
ment of the private and special laws of 1881,
chapter l70, being an act to incorporate
the Portsmouth Company
| Bill, an act to amend the charter of the
Maine Water Company.
| Bill, an act to increase the salary of the
Judge of the municipal court of the city OF
Lewiston.
Bill. an act to prevent the use of narrow
trimmed wheels for hauling of hides. lesth-
er, lumber, timber or silica over the roads
or streets of Cherryaeld, Milbridge, De-
blois or Beddington.
On motion by Mr.. Libby Of Androscog-
gin, Senate document No. SO, an act to in
| corporate the Mechanic Falls Village Cor.
poration, was taken from the table.
On motion by the same senator, the fol-
lowing amendment was adopted: In the
l2th line of section II, strike out the word
'sny" between "of" and 'organization,' -
| and insert In its place the word "and,' so
that said line shall read "charter prior to
the acceptance of and: organization under"
On motion of the same senator, the ma
jority report of the committee on legal
affairs was accepted.
On motion of the same senator, the bill
then took its several readings under su3-
pension Of the rules, and was passed to be
engrossed.
SrECIAL ASSIGNMENTS.
Senate Document No. Ii. An act to
amend section 80 of chapter Is of the Re-
vised Statutes relating to ways.
Mr.. Tha.cher of Penobscot-Mr. Presi-
dent: l presume it is unnecessary to read
the bill as it is probable that all the mem
bers are converssnt with it. ] sm opposed
to the bill for the reason that | think it is
unnecessary. The law which this bill
seeks to change was passed in 1877 and has
been in operation since that time. Pfevi-
Gus to that time the Law was similar TO the
bill as now before US. that is: instesd of
"24 hours actual notice" it was reasonable
notice" That law a. | understand it. was
the result OF demand by the pub
lie and by members of the bar
and by the judges that there should be
some relief to the towns and cities affected
by it. As it then s.ocd it was the
cause of an immense amount OF litigation
and many towns and cities were mulcted
out of large sums Of money on trivial causes.
As it is now, if any person receives an
injury from defect in highway, it is
necessary to prove to the court twenty four
hours actual notice. If they cannot prove
that, as understand it. the case is thrown
out. Substitute Reasonable notice for
"twenty-four hours actual notice" ard the
court has no Jurisdiction, as understand. iu
the matter a and the case has to go to the
Jury; and we all know how juries are liable
to be inf iuenced by outside causes such a.
friendship, or the good looks Of the COM
plsinant, and by the plausible arguments
Of attorneys an injustice is liable to occur.
| see no call for il. I fail TO rec any
object 10 this bill, and move its indefi 1ite
postponement
Mr.. Haines Of Kennebec--I do not un-
;,erstand the matter as the S senator from
Penobscot does. introduced the bill as
the result of another bill placed in my
hands by gentleman in this county AK
ing that the law be changed so as to affect
injuries received on sidewalks and bridges.
aud to have it apply to them. Afterwsrds
a proposition was submitted to me to change
it entirely and to wipe out the entire provi-
sion of ac.ual notice I DO not wish the
Senate to understand that want any lesis-
latiun that will impose unreasonable but
dens upon towns. II is thought by many
| that the law az it row reads, "24 hours
actual notice has led 20 q grea. deal OF
care lessness in the management of oar
roads. 1t is contrary TO the general spirit
of the common Law rule that any person
who is liable for negligence o@s~cars'
lessness shall be subj jsct to damage
| therefor; in other words, that the burden
bich is upon towns should be the same
as it is on everybo else, to keep their
| roads in proper condition. Thi, provision
of twenty-four hours actual notice leaves
the statute u such way thst il person
is injured, however seriously, and if it can
| be shown there was no actual notices,
although the municipal officers, the sur
veyor of the road or other partie, whose
! duty i. may be to look after the roads may
| say to themselTes-aud the friends of this
| measure think they do say to themselves
| that sit makes no difference a. long ss we
DO not know whether there ia any trouble
| with the roads or not,-as long as we do
no. know we are not liable" and therefore
they are left until they are notified. Nos
that is contrary to the general spirit Of the
statute 4 (which requires that they
shall take care of their roads.
| This bill now submitted, | thought
to be compromise between the
extreme position of striking is out entirely
and leaving ii reasonable notice. had
| thought il would meet with the good sense
Of the Legislature. do not understand
it q, the senator from Penobscot states it,
that this strikes ont all that was pus in un-
der the old lsr. Section SIS Of the statutes
| of 1871 says: eff such county, town or
person had reasonable notice Of defect o.
want of repair" This statute applies to
the indiviiuals whose duty is is to take care
Of the matter
| Mr.. Thstcher--Will the senator from
KenHebec ailos me to explsin. The la~
was amended in 1874 You have the law
of 1871. The is~ ~ it was repealed in
1877 was passed in 1874, and the present
law vent into esssc. in 1877.
Mr.. Hsines-UGder the "a hours pro-
vision they have. ss the statute says they
are obliged to have, "a hours actual notice
/ A. q VI, atter of fart n,,p onuyfx undcy that