The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-12-11

The PRESS Sunday afternoon. Mr..
Libby spoke vsry frankly regarding the
shutting Of the gat<s al the foot Of Sebago
Lake and deriving the Portland Electric
Light COMPANY Of the power to run its
lights In this city on SATURDAY night.
CAS- attorney for the Sepago Power
company which has by this sotion Of Sat
ureay night been deprived of IT, legal
rights. 1 esnnos say much, and yes will
not besitats TO say that In my opinion
the shutting Of these ea.es, n I am cor.
rectly informed. as to the facts, was a
hig Oh handed and most arbitrary proceed
ing. It is. In my opinion, an act far
which the Presumpfoot Power company
can be held for damages. Certaialy the
Portland Electric Light company will
Invoke the courts Of this state, II neces-
sary, to protect them In sheir rights"
mir. Libby referred the reporter to
chapter "a Of the acts and resolves Of
Maine for the ant Of moor poration Of the
Presuinpsoot Water Power company.
This act lie as follows.
"Ssction 1-Samuei ID. Warren and
Charles Fairchild Of Boston. and Samuel
n. Lisk, Nathan Weston, Dennis W.
Clark ana william X. Wood Of Portland,
Lewis p. Warren, william l.. Warren and
George L. Warren of Westbrook and Will
liam A. Russell of Lawrence. their sssoci-
| stes and SUCCESSORS. are hereby consti.
tuted body corporate. by the name OF
the Prssumpsoot Water Power company.
and shall have and enjoy oil the rights
and powers Of similar corporations, and
may have 4 capital stock not exceeding
$50, 900"
| Section 3 tells how a nesting Of the
corporation may be called. the election Of
Its officers and its by-lays. and then toll
lows;
| "Section 3-Said corporation is author
ICED, whenever 1t becomes owner OF the
lands and privileges at Westcott's falls.
| in the towns of Standish and Windham,
ON the hesd of the Prssumpscot river,
| now owned by ). ID. Warren, to build,
| maintai keep up. repsir. rebuild, raise
and extend the present dam or other
dams at or upon said Wsstcott's falls;
and the said dams may he built. or raised
20 the height Of i've feet atove the present
top OF said dam, and SHALL be maintai ned
for the purpose Of raising a head of water
for the use Of factories. for the purpose Of
supplying the city OF Portland with
water, for the purpose Of storing up
water In Lake SebaRo and Its tributary
ponds, In order to increase and regulate.
but not unnee asarily to obstruct the fiow
of water on the Presumpscot river, for
the benefit of all the water powers and
1 n - nd for
other lawful purpose. And said corpo-
ration IL hereby auth orized, by means OF
said dam as improved, to flow and raise
the water "a aforesaid. and the same to
regulate, draw, use, and occupy. In
whole or In part, either upon said dam
or In canals, basins or sluicss made there
for, for the purposes above mentioned.
Sections 4 and concern the capital
stock and aggregate liabilities of this
corr grafton, and section authorizes the
Marblehsad Water company to surrender
Its charter and then comes the last SEQ
ton, which Is as follows:
"Section 7-Nothing In this act shall
Impair, or give authority TO Sake away,
impair or diminish any right Of any
rerson or corporation to hoist or shut the
4 gates on the basin dam ut the head falls,
where the waters Of Ssbsgo Pond enter
the Presumpscot river. or to regulate
control or uss the water flowing through
sad gates or any legal rig ht TO TOW and
use the waters OF the Presumpscot river
except of persona or corporations express
ly consenting that such rights may be
taken imI a red or diminished: provided
that nothing in this section or act shall
be construed as affecting by Implication
or Otherwise any question as TO whether
such rights or any Of them exist or any
question Of their nature or o~nsrship."
"By reading the third and seventh Sec
tons Of this act. /" said MIR. Libby. "you
viii see that theirs is nothing In the act
to give the right to the Presumpscot
Water Power company to deprive other
riparian owners OF their rights on this
river. There Is nothing In the act which
will legally allow them to entirely shnt
off the water from the river so as to in
any way interfere with the power Of any
other company which may be below
them. In fact the last section Of this act
expressly provides that nothing In this
act snail Impair OF uiminisu euo fishs' VI
any other person or oorparasion to the
use of the natural flow OF the river unless
suoh person or oorpo; alton shall havs
consented TO the shutting of OF the
water. This the Sebago Power company
from whom the Portland Electric Light
company takes its powsr has never done.
"It means fight TO the finish In the
conrfs n the Prseum pscot Water cOmDauy
persists in ciosipg the gates Of its dam az
the head of the Presumpacot river on Sat
urday nights
WHAT JUDGE FOSTER SAYS.
Judge Enoch Foster. who Is the coun-
sci for the Portland Electric Light COM
pany iaid that he considered this action of
the Presumpscot Water Power compan y
in shutting of the water on Saturday
MI ht to be an Illegal and high-handed