The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-03-15

CdlEF JOoIlCE UOdN a. 1LIhp.
importance, the public interest,as evinced
by attendance in the court room, was not
great.
The process which has eliminated in
the present proceedings was set on fool
by the City Government during the ad
ministration of Mayor Melcher. There
had been growing up for long time a
feeling that the rates charged by the
Portland Water Company to individual
takers had been excessive. This feeling
eliminated in the creation of water
commission.
The present proceedings are begun by
that commission. The case is left to the
arbitration of two Justices of the Su-
preme Court, Chief Justice Peters and
Judge Foster, who sit together.
When the proceedings began yesterday
morning there were present, besides the
two judges, the Water Commission,
Messrs. George F. Emery, H. S. Burrage
and E. B. Winslow, their counsel, Messrs.
Seth L. Larrabee and E. NJ. Rand, Presi-
dent D. W. Clark and Treasurer Geo. P.
Wescott of the Water Company, and the
counsel of the Water Company, Messrs.
Jos. w. Symonds, Clarence Hale and
Chas. S. Cook.
The steps which have. resulted in the
present case were taken during the adj
ministration of Mayor Melcher, who ap
pointed the first commissioners. When
Mr.. Edward W. Kent resigned Rev. Dr.
FL. S. Burrage was appointed to succeed
him; and Mr.. E. B. Winslow has since
come on as the successor of Hon. Fl. Fl.
Burgess. The commission have worked
assiduously in preparing their difficult
case; and have finally brought it to the
present situation.
The case of the Water Commissioners
was opened by Seth L. Larrabee, Esq,
who spoke as follows:
Mr.. Larrabee's Argument.
Now, the first question which is SUBJ
mitted to Your HOnors for determina-
ton is whether the rates now charged by
the Portland Water Company to water
takers in the city of Portland are excess
i've or exorbitant within the meaning of
the contract between said Water Com
pany and the city of Portland, dated
February Is, 1868. and approved March
3, 1868. This contract, as well as all other
contracts, and all acts of the legislature
and ordinances passed by the city, will
be laid before you in full. In order to
determine this first question of whether
the rates charged to water takers are ex-
cessive or exorbitant, it is first necessary
to consider what the rates actually
charged are. The Portland Water Com
pany publishes schedule of its rates
which it distributes among it's custom
ers. It adheres to that schedule in all
cases where it is policy for it to do so.
An examination Of that schedule will
show that the basis upon which the rates
of the Portland company are made up
differs somewhat from the basis that is
the foundation of the rates and charges
of
Companies in Some Other Cities.
The Portland Company does not
charge its customere according to the
amount of water that is used, and does
not generally make use of meters for the
measurement of water. 1t bases its
charges and its rates upon certain fix
lures that are used by the several classes.
1t charges family rate. It has a rate
for stores and offices, and then it has adj
ditional charges for the fixtures that
man may have in his house or in his
store; and further, it has the somewhat
anomalous and unusual charge that is
common to every householder and water