Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-09-17
KN0TTY POINTS.
Gan Speed OF the Boston Boats
Be Restricted?
Saw Mills and Ice Houses Claim That
It Should Be Done.
The Steamboat Co. Insists in Its Rights
Case Under Amusement.

The hearing before Judge White
mouse on the petition of Lawrence
Bros. co. and the South Gardiner Lum-
Der co. for a temporary Injunction en-
joining the kennebec & Boston Steam
boat co. from running their boats past
the petitioners boom property at South
Gardner at greater speed than five
or six miles an hour. was resumed at
the court house, Saturday morning.
and the defendants introduced their
testimony.
capt. Jason Collins and Pilots Preble
and Greenleaf of the kennebec, were
called and testified. The American Ice
CO., which has p ice houses on the
river, at which ice is loaded, came in.
this morning, and joined in the petit
ton.
The defendants claim in their testi-
mony that they always slow up when
passing vessels lying at ice houses
when the conditions are such that
damage may result If they az not al
So; that there are times when vessels
are lying in the channel when it il inn
possible tu decrease their speed with
out danger To themselves. and that
when any damage has been done BY
the parting Of lines il has been because
Of the insecure manner in which yes
sells have been made fast and the mar
roWness OF the piers at which they
laid. Defendants had at times slowed
up for booms, but they claimed that
if they We're compelled 10 slow up 10
five or six miles an hour for each IF
the places represented here their pas
senger and freight business would be
80 intc.fered with that they might as
well so ont of business.
The petitioners introduced additional
testimony To show that during the
past summer that not more than seven
or eight ice houses nave been shipping
ice at the same time and it is claim
I'd that the slowing down for the in
terests likely To be affected in a trip
would be no injury 70 the defendants
They admit that the right of naviga-
tiJn is paramount but claim it is not
exclusive and cannot be exercised in
such manner as 10 Wantonly destroy
private rights Or property that can be
enjoyed consistently with it. such as
the right 70 establish booms, piers.
etc.
Ii was claimed on the part " the
defence that the coming in Of the
South Gardiner Lumber 90. ana the
American Ice 20. as parties To the Pc
titi1n had ~ broadened the matter
THAI an injunction would be such an
Interference with commerce upon the
river that il would probably be repug
nant to that clause of the constitution
of the United States, which declares
that Congress shall have power to reg
ulate commerce among the several
states. although it was admitted that
in the absence Of specific regulations
by Congress the state might enact Ger
tain police regulations in relation to
The running Of such boats on the river
1t was also suggested that the in
junction asked for would be repugnant
To that clause in the United States
constitution which provides that the
judicial power of the United States
shall extend 10 all causes of admiral
atty and maritime jurisdiction. except
where the common law would give
remedy. and here equity had been re-
sorted to and not the common law.
1t was also claimed that the naviga
ton of the river was paramount pub
lie right and the rights Of boom own
eTS along the river must be exercised
subject to that right. although it was
admitted that defendants had certain
duties to discharge with respect To
such owners. Yet public navigation
came first and private rights must
yield Il it, The petitioners, if they
hay been damaged had a full and AIDE
quate remedy at common law.
The court took the matter under con
Sideration, reserving its decision for
the present