Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-05

city, who have taken it from . condition oi
bankruptcy and made il very nice prop
esty. Some exemptions have been made
by the town Of Phippsbufg. In addition q
the hotel property there are . large num-
Der Of private cottages, forget has many,
20 or IS already. The owners Of property
have given away property to people whs
built cottages there. Some of the bniid.
ings are very nice, costing 5000 or $1,000
The chespest, should say, Was $1,000
Now, - has been said. this matter va,
gone over before the committee. The fa-
nancial conditions Of the town Of Phipps-
burg was all gone over. Nothing can De
kept out Of these hearings They are
bound to put it all in there. Another sum.
mer resort Was started there BY the late
Gov. Bodwell. The committee
paid but little attention to these
matters because this bill simply
asks that the county commissioners
OF SsgsdAhoc county be given jurisdiction
Of this case; aad i; is for them, Mr., Pfesi.
dent to investigate this question, aud no.
Tor Us. We had nothing TO do with it in
the committee, you ss 3 senator, or this
Legislature, has nothing to do with the
question Of whether . road 10 necessary
There or not. The simple question il
whether you will give the commissioners Of
SasadAhoc county jurisdiction Of the right
to lay out or refuse to lay out road across
Atkins bay. Under our statutes today,
our County Commissioners have Q right.
under petition, to lay out q way in any
place on the face Of the earth, in the State
OF Maine, but they cannot 60 across tide
waters. The matter can be discussed
down there. This 10 simply q question Of
giving jurisdiction to these commissioners.
That is why we rejected this bill have
yet to hear it contrsdicted that the Legisls-
tu.e Las always granted the power to the
commissioners to lay bridges across tide
waters, that is, if they see ft to do so, IL is
giving them jurisdiction that they may dis.
cass the matter, and that is all they ask for
IN this case. am not able to say whether
il is proper there should be q bridge there,
or not. do think it is proper that some.
body should have right 10 investigate the
mstter. The bill is simply y permissive
piece of legislation. The bill reads
EAU 'hori:y is hereby granted to the county
commissioners to erect ard establish high
way from some point in the road in the
town of Pbippsburg." etc. That is the
authority 10 given, it does not neces-
sa,ily follow that it will be exercised.
II simply places the matter at juris-
diction in their hands. IL was argued
before the committee that if they got this
power they were sure to exercise it. hut
the very next case that came before the
committee was one where authority was
given some people to make bridge across
tide waters, think in 1882, and the bridge
was never built.
Mr. SwaDton The gentleman has stated
what desired he should state, the grounds
upon which the decision was made, per-
mitting the county commissioners to do an
sci, but do rot think that this Legislature
should authorize any body to do what they
ought not to do themselves. Ii has appeared
that the toxn Of Phippsburg is poor town.
They could not borrow the money to buiid
the bridge il they wantsd to, as their debt
Is beyond the statutory limit now. They
probably would not be willing TO-,
under the circumstances of the CASE
Hunnewell's point is largely owned by pri
vste individuals, occupied only about two
months il The year, only about fifty perma-
nent population, about eighteen voters; and
therefore the bridge being of SO decidedly
private character it is almost absurd for
the people who own that point to ask the
town Of Phippsburg to build it. Now the
State has another interest which | will
point out. We have had before this Leg
isls.ure claim for $1,000 for Yeimbursing
town for building road under almost
precisely similar circumstances. The
county commissioners laid out a road
through two towns If recollect right in
cluding bridge. The town which OBJ
jected to it and which was not u receive
much benefit from it, like the town Of
phippsburg, ia this case, objected
10 it and tested ii in the courts four or
five years. 1t was decided that it
was the duty of the town 10 build road in
compliance with She award Of the County
Commissioners. IL reguirSd some $4,000
or $1,000, from town Of 500 or 600 popui-
alton. OF course they could not pay it:
and they were obliged TO come 10 this
legislature for relief. and they got it. The
town Of PhippsourS is situated ia slmost
precisely the same way, if the County
Commissioners lay out this road rs asked; :;
and bear in mind that. having been heard
before this committee, and they having
reported apparently in favor of it. lhs
county commissioners are more likely to
look upon it favoYably. If they decree
that the town sbsll build q road the town
may have to build it, somebody will have
TO build it, and they will come on the town
with 3 large bill to be reimbursed, How
cau The town do il? 1t has ohly about
300 voters-it would be rome $40 or
$50, to each voter in the town. OF c3urse
they cannot pay that and the only recourse
would be to the State for relief, and they
would get it Therefore, l say, the Legis-
lature has now something to do with the
matter, and ought 10 investigate ii on its
merits. l propose that the act be recon-
mitted to the committee on legal affsirs
with instructions to report the question on
its merits. ! will also add that the United
States has recently passed law asserting z
their jari.dlction over certain tide waters
and hold the act in my hand. Section Z
says: "Thst i. shall not be lawful to build
sny wharf. pier. dolphin. boom. dam, wier,
breskwgter, bulkhsad, jat,y or structure Of
any kind outside established barbor lines,
or in any nsvigsble waters Of the
United States where no harbor liaes are
or may be established, without the
permission Of the secretary of war, In any
port, rosdstesd, haven, bsfbor, navigable
river, or other waters Of the United States,
ia such manner as shsli obstruc, or impair
navigation, commerce or anchorage Of said
waters. and it shall not be lawful hereafter
to commence the construction Of any
bridge, bridge draw, bridge piers and sbut-
men,s, csusersy or other works, over or in
any port, Rad, rosds'ead, haven, haroor,
nsvigab!e river OF navigabie waters Of the
Uaited States, UDdsr any act Of the legisls-
i've assembly of the State, un.il the loca-
ton and plan Ct such bridge or other work.
have been submitted to and approved By
the secretary of wzr, or to excsv4t,
or ill or in any manner to alter
1r modify the course, location, con-
dition or capacity Of the channel
Of said navigsble water Of the United States,
unless approved and authorized By The sec
rotary of war; Provided. That this section
shall rot apply to any bridge, b-idge-drs~.
piers and a6utmeLts, the construction of
which has been heretofore duly auth orized
by lsy, or be so constructed ~ to a1thoriz /.
the con ,truction Of aoy bridge. draw bridge.
bridge piers and sb b1tments, or other works
under an act of the leg stature of sny state,
over or in any stream, port, ros3sted, haven
or harbor. or. other nasigable water no.
wholly within the limits OF sueh state"
further move thst the Committee be d.
reutsd to take into account wbather the
State has soy Jurisdiction in the matter
under The. .cIcumst tar css.
Mr. Haines--l do not wish to discuss
the merits Of this question. L. ia
not before the Lsgi.ia'ure, and is
not an eIeneo. in the bill t, be con-
sidered. Ii hiss all been presented to us.
We voted uron the naked qaestion Of jutis
4 81, L. l. L..