The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-07-25
j, aula fEare aemained in Bankruptcy.

y7oula Have Remained in Bankruptcy.
Now are we not entitled in view of the
wording oflthe contract, to inspect these
hooks which are the best information
that can be furnished as to the cost of
these works as a whole and the whole
income. Are we not entitled to know
from their books just what that income
is? How else are your honors to decide
the questions submitted to you?
Mention has been made of the bonds
and the large amounts of money invested
in the stock of this corporation. 1t may
be. but how much stock of the Portland
Water Company was paid for and at
what rate? How much was given away?
When these people bought the stock and
had voice in the management and con-
troll of the company, it was their duty to
keep the rates reasonable and II
they did not, can they complain when re-
dress is asked because the rates are
exhorbitant and excessive. Now mas
much as this discussion has gone beyond
the legitimate scope OF what we under
stand to be the question here, have no
hesitation in saving that the books of the
water company will furnish abso-
lutte and conclusive information that
the rates charged are unreasonable and
excessive; they will show that in houses
of exactly corresponding value. exactly
corresponding fixtures and water priv
leges the rates are not uniform. There
can be no palmer, clearer admission that
the higher rate charged is exhorbitant
than by making the rate less for the
same rights and privileges to one than
another. The most careful scrutiny OF
the books of the company is necessary to
disclose what elements enter into and for
what matters the rates are charged. We
ask that the books may be exhibited that
we may ascertain all these matters.
In regard to the list of cities with
which we propose to compare the rates
we must first know what the rates
charged here are. At the proper time,
when we have determined for ourselves,
we shall be very glad to furnish the list
to the council of the Portland Water
Company and will do SO promptly.
MIR. Strout said
he wished to say a single word. The
Portland Water Company has no desire
to throw any obstruction in the way OF
the gentlemen on the other side or in the
way of the city, making a full and fail
examination of the case before the court
Whenever the hearing is had all the
books will be produced, as they are
here today, and all the witnesses
connected with the company will
be at hand ready to render an assistance
in ascertaining the facts upon any peril
| nent question connected with this hear
| ing. This motion is to allow the coun.
sci on the other side to take all the
| books and papers of the water company
and privately make such examination of
| them as they see fit and to make such
use of their examination as they see fit
| 1t may be put in testimony and it may be
put to other uses. There is no rule in
equity that goes to the extent of saying
| that adverse counsel shall have the right
to make an inquisition Of all the books
and papers of the other side without
having it understood for what purpose
that examination is made and whether it
is pertinent to the issue before the court
The water company has nothing to con-
ceal that it is proper for the other side
to know, but think before this petition
| is granted the court should know and
understand the nature and scope of TIT
examination and the use that is to b.
made of it.
Chief Justice Peters said that the ref
erees would announce their deaisior
early next week.