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

provision, but that it was to that part Of
the law which authorizes the holding
up Of new corporations by so-called paper
charters. That is 10 say, the law pro
vides not only that where new corpora
| tions already exist new COMPANY
cannot come in,without the consent o.
the existing company, or by Legislative
action. hut it provides that If any com
pany 1S merely authorized to do business
the new company cannot come in with
out the consent of lthat company Or Of
legislative action. Now the COMMITTEES
will see that SO long as the law stands IN
that way, it will enable one holding
paper charter and doing nothing under
1t, toskesp out, a bona fde corporation,
law which would not have our suppof'
for moment.
FeelingEsure that this was the correct
Interpretation of this message, I had al
interview With the Governor and he bal
authorized me to say to this committee
that that was his objection to the law,
andsthat If his entire message upon This
point is carefully read, 1t will be appar'
emit that hesbelieves in a proper protectior
to existing companies, and objects to SC
much of the law only as upholds these
so-called "paper charters"
| quote again from his message. rms
question of the right of the citizen to
other or shetter services, or to any eer'
vices at all, should not be determined Dy
some interested person or corporation,
that has first attempted to OCCUPY the
ground : lit shouldsbe decided by some i'm.
partial tribunal, where the demands OF
the people shall be heard and respected.
That is to say, the existing corporation
shonld not be the judge as to the neces.
sity of new corporation coming IN, and
on the other hand the new corporation
should not be the judge OF the necessity
of coming in; but the entire matter
should be referred to some proper tr1-
| bunal, rs, for Instance, committee OF
the legislature, and the legislature ITSELF.
| He continues. 81 would not, however,
advocate interfering with or iE,palr1ng
| vested rights where the general public
are receiving such services as they have
right to expect
"No corporation should be organized
OF charter granted merely as menace 20
some enterprise already established.
sWe should encourage Investments IN
out State, by assurance of protection in
the use and enjoyment of all franchises
against unnecessary competition. SO long
as thes.public ale we'll and faithfully
served. But the right of the people to
good services at a reasonable price should
be more sacred than the claims OF any
| monopoly or corporation.
| | submit, therefore, that no stronger
language Gamble used in support OF the
principle which we are now considering,
namely, that fair and reasonable pro-
| lection should he accorded to capital in
vested in these quasi-pu blio corporations.
than that above quoted from the cover
nor's message, and ! claim further, that
such has always been the policy OF on1s
State; that this so.called restrictive
clause is in accordance with that policy
| that tits just and. right, and that no fair
| minded man who considers the matter
carefully, can arrive at any other con-
clusiUn.
Now gentlemen, there is a misappre-
hen sion about the terms and effect OF
this law. The idea seems to prevail
generally that in every case where new
gas or electric light corporation desires to
come into a city or town where com
pany is already existing, it must obtain
| the consent of the existing company.
| This was the impression which the
members of the CITY government OF
Portland had at the time resolution
upon this matter was before them Tor
cons Iteration, and three of them came
| to me and asked if it was possible that
such law was in force. called oheIr
attention to the fact that the consent OF
the existing company was not essential,
and that in case the existing COMPANY
refused it's consent, the competing COM
pspy could go to the legislature and
| have the entire matter investigated by
an impartial board, and II the conditions
weressuch az to make It desirable t1or ing
new company to come in, permission
would undoubtedly be granted. Is there
any doubt, ii the general sentiment Of
| apv community is against the existing
| com many because of extOrtionaUe charges
| or Door servics, and competing COM
pany desires 10 come in, that that sentl-
ment can he so impressed upon com
| mittee Of this legislature thas 1t Will
either compel the existing company to
remedy the evils complained of. or will
grant q charter to the new company
This has already been done in several
cases, and those of us who follow these
maIters cansreadily call them to mind.
| Prior to the passage OF this act tele-
phone and telegraph companies could not
organize under the general law, and gas
| and electric light companies. while they
could organize, could acquire no rights
| of eminent domain. They could then
| only obtain these rights by going to the
| legislature for them, and that Is all they
| have to do now. In towns where no com
many exists three or more persons may
row organize under this general law,
| have full rights Ut eminent domain ana
| &C ahead regardless Of everybody; and to
| that extent the legislature has been re-
lieyed of the investigation Of these pri-
yate charters. But, in nities and towns
where company already exists. persons
desiring to come in must do simply what
they have always been obliged to do be-
| fore the passage of this law, namely, &c
to the legislature and satisfy it that there
| is occasion for a new company in such
city or town. Now there are several rea-
sons why this SO called restrictive provi-
sion should pe retained
First: IL states in express terms what
has always been the implied policy OF the
State of Maine
Second: If not retained, any three or
more persons may organize as many cleo
trio light or gas companies as they please,
and go into any city or town where q
company already exists and every exist.
ing company at once becomes subjected
to the schemes of blackmallers and ire.
sponsibie persons who have no idea oil
doing legitimate business but who
organize and get their charter in the
hope of compelling the existing company
to buy them off.
Third: They also become subject to
unjust competition from persons who do
mean in good tairh to go into business,
but who select limited area in the city
or town where they propose to operate
AS an illustration. consider orr electric
light oompanysin Portland. The present
| crp,1u not on1v fh,s little