Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-15

MENU VI tUiJ DfltiSe III HIS HOT pteA tHS
purpose of the opponents of this bill to at
tempt any unfair legislation. The first
charter of the company defined the rights
powers and duties of this company. 1t
gave them the right to construct a bridge
across this river at any point more than
40 rods above the mouth of the kendus-
keag stream. The company was given
the power to take and hold such personal
and real estate rs might seem necessary
to carry out the construction of this
bridge This charter also gave them
directions as to the methods of building
and constructing this bridge. The third
section of the act regulated the tolls that
they were authorized to take. These tolls
were given according to the act for the
sole use and benefit of that corporation and
the right to take those tolls was limited
to term of so years from the date on
which they should begin to take tolls. To
this right was annexed the provision that
after 20 years from the date of the begin
Mug of taking tolls the rate of tolls might
be regulated by the Legislature. That is
the contract between the State and this
company as entered into in 1928 under
which the company proceeded to build
that bridge and to maintain it. In the
spring of 1876 great freshet on the Penob-
scot river swept away that bridge. The
company came to the Legislature in that
same year and obtained an act addi-
tional to this which granted to them the
right to rebuild the bridge upon the site
of the old one. 1t gave them the right
to take tolls for 80 years from the date
that they should begin to take these tolls
~. l. ri.,N 4 tr ftpc-
of November, 1916. Under these two
charters the Bridge Company has collected
tolls since the year 1882 or 1888, with the
exception of short time in the year 1916
while the new bridge was in construction.
The people have paid these tolls without
complaint. Now the fact is that it has
been understood during all these years
that at the expiration of the time limited
in that charter they would have the right
to cross that bridge free of toll. 1t has
been understood by everybody in that
section that this toll bridge would cease
to exist as a toll bridge when this time
should expire.
1t is fact that the Legislature has
never been called upon to regulate those
tolls, although there was provision that
they might do so. The matter comes be-
fore us today in form in which we were
not led TO expect it would before the SEES
sion opened. The Bridge Company pub
lished for several weeks before the open
ing of the session a notice like this: Tho
Bangor Bridge Company hereby gives
notice that it will petition the next Legis-
lature for renewal and extension of its
charter" The bill before us today pro
..f Ilrr, md
Brewer may buy this property. II the
bill is passed it will certainly give them
great extension. We think that If this
bill is passed in any form
these tolls ought to be subject to the regu-
lation of the Legislature at any time. II
they are permitted rs they have been in
the past to collect tolls on that bridge at
the same rates that they are permitted 60
take now, there should be time set, and
not far ahead, when the people should
have right to that bridge ms a free pub
lie highway. We believe that it would
have been fair 70 all parties if instead of
passing this bill, or introducing this bill
for passage and enactment by this Legis-
lature, some provision had been made for
taking the matter into the court, allow
ing the court to settle the whole case.
But that is something which has not been
permitted through the influence of this
company, The purpose of the company
has been not to have the questions OF
property rights settled by the court, but
to have those rights determined by the
Legislature by some bill They want it
determined by Legislative enactment that
they own this property. The charter did
not limit the public use in any way at the
time, it only limits the right to take tolls.
The company accepted these charters and
entered into n contract with the public to
funish bridge and throw it open to
the public. They have had an
opportunity to collect tolls and we claim
they had q chance To be amply renuncr-
ated It has been said that this corpora
ton has not been remunePatcd. / think
if this corporation has seen fit to throw
away or discount large part of its tolls
by means of which they might have been
able to reap enough to pay for their out
lay, it was done voluntarily and without
any one making complaint, and without
any one seeking the reduction. III was
done freely on the part of the company
In regard to this bill. many of us from the
eastern part of the State regard 1t as I'M
Just and unfair to the public. | am not
alone opposed to this measure. There
are other representatives here who live on
the easterly side of the Penobscot river
who oppose it. The real object of that act
is simply to bring about and secure per
petual extension Of the charter of this
company As | said before, at the re
quest not only of my own constituents,
but the request as well of several mem
ters Of this House. am opposed to the
passage of this bill, and further than that.
at the request Of some Of the members OF
the House, propose to make motion
which might otherwise have made, and
that is, that this bin be indefienitely post
poned. (Applause-)
Mr.. Noble Of Lewiston said there was
in the charter of the Bridge Company,
first the franchise to be corporation, and
that charter is n contract between the
State and this Bridge Company. An
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