The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-13

favorable comment, was necessarily in
corporated into the laws because of that
very State policy of which I have been
speaking; and these laws never could
have passed the Legislature with this
clause omitted
Now, what Is the history Of this leaisla-
| tion?
The Constitution of this State requires
the Legislature from time to time, 10 pro-
vide, SO far as practicable. by general
laws. Tor all matters usually appertain-
ing to special or private legislation, and
that all corporations shall be formed under
general laws and shall not be created by
special acts OF the Legislature, except for
municipal purposes, and in cases where
the objects of the corporations cannot
otherwise be attained.
1t is we'll known fact that large part
OF the time of the Legislature for some
years, has been occupied with private
legislation and this had become SO great
burden upon the Legislature that Gov
ernor Cleaves, in his Inaugural Address
to the Legislature of 1898, called special
attention to it. and recommended that
some steps be taken to remedy the evil.
Pursuant to his suggestions that Legis-
as Chapter 23l of the Acts and Resolves
OF that year, reading as follows:
"CHAPTER 2Sl.
Resolve relative to the appointment of a
commission to take under consideration
the subject of Private and Special Leg
islation.
Resolved, That the Governor with the
advice and consent of the counsel shall
appoint board of three commissioners
whose duty 1t shall be to take into con-
slderation the subject of private and
special legislation, and investigate and
ascertain what subjects of this character
may properly be provided for by general
laws and for which special legislation has
heretofore been asked, SO that in the
future the legislature may be relieved
from the enactment OF special laws rela-
tive to such matters. Said commission
ers shall report their recommendations to
the next Legislature during the first
week of it's session, with such forms and
drafts of bills as they may deem applic-
able to such subjects
Approved March 30. 1892.
Under the provisions of this resolve,
missioners, Hon. William M. Folger, Of
Rockland, Hon. L. T. Carlton, Of Ken
nebec County, and Hon. Fred H. Apple
ton, of Bangor, threesof our able and con-
sentative lawyers.
These gentlemen Investigated, very
carefully, the matters covered by the re-
solve. made themselves acquainted with
same subjects, and finally drafted general
laws providing for the organization OF
water companies. gas and electric light
companies, telephone and telegraph COM
panies, and a general law respecting the
fish and game interests. These laws were
radical departure from the policy there-
tofore pursued by the State, and the
Commissioners in order TO fairly protec OF
all interests, conferred with lawyers and
others from different parts of the State
with reference to the proposed legislation.
Among others, | had the pleasure of
spending several hours with the Commits
sioners, going over these laws in detail,
and considering all the objections that
are now raised to the same.
The Commissioners finally reported
| these four Acts to the Legislature of 1895,
the report was referred to the judiciary
Committee; public hearing was had. at
which no one appeared to oppose them.
and the Commissioners appeared to ex-
plain them to the committee. The report
was then referred to subcommittee,
consisting of Mr.. savage, Mr.. Higgins.
and Mr. Hamlin, and that subcommittee
made very careful investigation and gave
serious consideration to the proposed leg
islaUion.
The Committee had grave doubts as to
the wisdom of enacting any of these laws,
chiefly because of the difficulty of accord
ing to vested rights, that same general
protection which they had down to that
time received. Indeed, they were unable
to properly guard existing water COM
panies under the Water Act and that
Act was, therefore. thrown out and not
reported to the Legislature. The diff
Guilty was in properly protecting the
source of supply. You will readily see
that If AN existing company had already
been given the right to take water from
certain pond, 1t would not do to pass
general law under which any three or
more persons who might choose to org
anize water company. could, without
investigation or objection, take water
from that same source; because, the re-
suit. instead of being OF any benefit to
the public might result in so drawing
upon the source of supply, that there
would not be enough for any single COM
pany.
The Committee made many efforts to
frame some provisions to be Incorporated
into the law which would properly over
soma this difficulty; but did not succeed
in doing SO. and SO, as have said. this
Act was thrown out bodily.
The same objection, of course. applied
to any legislation affecting existing gas
and electric light companies. or telephone
and telegraph companies. 1t was the
unanimous opinion of the COMMITTEE
that it would not do to pass a general
law WlGl 10 w
any persons who might choose to org
anize, general rights of eminent domain,
and enabling them to go into any OF the
cities or towns in the State where COM
pany was doing business, and compete
with and possibly destroy the existing
company. They felt there should be some
| investigation before this was allowed
| some inquiry as to rates and service of
existing company; some inquiry as to
effect on the public. This so-called re-
strictive provision was, therefore. in
serted in the laws. The Gas and Electric
Company Act; Telephone and Telegraph
Act, and Fish and Game Act were then
reported to the Legislature, printed,
passed in the usual way without word
ofsobiection from anyone. and signed by
Gov. Cleayes, one of the ablest lawyers
| in this State.
And there has been no objection by any
one until within d few months, when a
corporation desired to come into Portland
and supply electricity for lighting and
power. They ran up against this law,
and at once raised great hue and cry,
shouting monopoly and advocating free
competition-and before l close, shall
| have something to say about monopolles
| and competition. Some of the Portland