Daily Kennebec journal., 1901-08-21

cured the contract for lighting the SIR ,,
Of Waterviilc there has been n'aom
tercst IN the progress OF the co"ps
for the city's interests are III a. way
closely related to those of the coinpan,s. p,.,s
if the company is defeated ny ."t o,"; Iii
companies In the Oakland tsht ~ VIZ ~
probably mean the end OF coiipe'i''u,., ,. -,
any serious nature in the city. From ,,.l.
past experiences Waterville dfea"s ',,'i'' ~
although such an increase IN rates ~ ~
lowed the purchase OF the mon r's ~
Electric may not be repeated, There was
therefore much Interest in the result VI
the bearing.
A notable array Of legal talent had been
expected and il was there. In the mrs,
place two giants in law led the forces
ana were arrayed against ea'h o,nei;
Herbert NJ Heath of Augusta. conouctcu
the case or the Oakland Electro -; ''l, no
Charles +. Johnson of this city. that oi
the petitioner Bat that was hot an. WI;
Heath was assisted by $. > broWh 81
this city. and q. W. Field anu ~. i.
tlunt4n OF Oakland. Mr. Johhson, ,,,nd ,lid 10 to
face this array alone, but he handled the
fight IN Z most excellent manher. Mt
Heath had general charge or ms slde
ana conducted the examination oi thc
witnesses.
Mr.. Johnson opened the hearing with
the reading Of the petition which was re-
viSed according to the suggestions oi thc
previous hearn" aud which was accom-
panied by plan on which IN" exact 10
cation OF each pol.. wanted by IN" petl-
,ion.r was marked He hid hnl rcp.at
the propositions which were made at IN"
last hearing simply calling attention 20
them.
Mr.. Heath onened his side and then Mr..
Eaton was called upon and examined ~
witness by Mr.. Heath. Mr.. Eaton ais"
gave a brief history of the electrical con
ditions in this vicinity up to the present
time. Mr. Eaton was subjected 10 much
questioning both from Mr.. li"ath ana Mr.
Johnson and this part of the hearing
consumed the forenoon.
AT the opening OF the afternoon session
Mr.. Eaton continued with his statem"nt
and answering Of questions. Mr.. Eaton
was followed by Mr.. Field Mr. Huntou.
W. s. Wvman. formerly general manager
OF the Waterville 4 Fairfield Rall"aN &
Light Co. and the Union Gas " Electric
Co. Il. j. Patterson. the present general
manager of these companies, and by Mr..
Brown. who closed the side. Mr.. John
sor chen made his closing argument.
This program took from a littic after 10
o'clock in the forenoon when the hearing
commenced until about , . clock in the
afternoon, II was held IN N. .. \. X
han and the room was well ii!ted during
the afternoon hy the citiZoug who ar"
much Interested i'm the question. The
Questions icw thick and fast All through
the hearing. When IN" lawyers were
stuck ON II technical point they referred
II either Ia Mr.. Patterson or Mr.. W yTan
and when they were stuck on Il legal
point they fought II out among them
selves At times the air was CHARGED
with electricity Ike 4 thunder cloud. but
MIR Heath was always sur" Ia make
some dry remark from his corner that
started laugh and cleared the atrn"S-
lherc Ike a shower.
Considering tn" conditions ana cause
the hearing was remarkably harmonious
Mr.. Heath and Mr. Johnson crossed
swords again ana again and IN" hunprs
were about even. 1t was a BATH" royal
and as interesting rs an International
clp race Mr.. Brown kent a sharp ~"
un the proceedings and suggested sufnr
fine point from time To time or and"
re-
with laughter Some ot the finest wit.
legal knowledge and ability ~ the stat"
was gathered IN The little hall and there
were few tedious moments
In mis- opening Mr.. Heath stated that
the invariab.e Motley ~ tn" Legislatures
ana municipal officers uf the state hat
been not to grant any person or Corpp-
ration rights that world interfer" with
an established business and especially one
Of a puhiic nature iikc the one in qucs-
tion. Occasionally when corporation
had been negligent Of its dHtt a coudi-
tiOual charter rad been granted to !.
rival This WAS - In III" ras" of the
Union Gas Electric to. and the WA
tcrVillc /: Fairfield Railway X Light 60.
But where there WAS no complaints
against the existing company the iesiS-
Iative committees mad invariably refused
a charter to rival companies This hAd
been so in Hallowca when the city itself
wished to 10 simply ats own street light
ing. There was no complaint against thv
nnebec Light 4 Heat 90. as its ser
vice itAl bfflA sstA4>is''t''iN' ttti'' INV IN
ruittcc Therefore refused to report favor
able ON the bill.
lie stated that II was hs opinion tha'
th,. scicctrncu of Oakland had no right to
grant Mr.. SpauldinG'S petition. as ho wa~
Il citizen Of Massachusetts. When a per
sion or corporation periorminE puhhh
service was remiSS III It's duties the oniy
relief or the people WAS IN going u Coirt
with an action against the person or cur
puration NIih the later 1t was easy 10
deal for their franchise could b. taken
from them by the court. thus depr-vi"E
them OF life.
But with a citizen of another state it
was diff, rent for there VIZ no way III
getting At him. II would not he en"ucn
to attach his property. Ills body woHlt
be required and over this the courts oG
Maine have no control II he is citizen
OF another state. The citizens Of oak
land world therefore nave no redress III
Mir Spaulding should not I'LL his contract.
Ny Heath also auaiyZed the Srhcdul" oi
rates offered tn" town by the petitioner
Mr. Eaton's explanation OF the condition
of affairs which was brought out ny
questioning and by his statements has
already been given substantially. When
Mr. Eaton prnrnSed to snow tn" relation
Of the Watervillc X Fairrgl.l Railway y
Light Co to the public in WatrrViiie Mr..
Johnson objected on the ground that il
was immattral in the case Ihis drought
Mr. Heath to his feet and his indignant
and fiery protest started roar of laugh
ter He said In Substance:
This millionaire wishes 70 crush these
Young men by the tecnicaltics of tile
law After the five years of his proposed
contract have expired he VIII get MS
profit out of YOU. In his process o;
crushing he even denies tn" right of rrn-
testing Good Lord. gentlemen. even IN"
rladiators of ancient Rome had the priv
lege of appealing to the Emperor before
they were hutchcrri.
Then they adjourned for dinner
At the beginning OF the Afternoon s"S-
sion Mr.. Eaton continued his statement.
He briefly eketchel the history ui the
Wateryilc 4 Fairfield Railway \ iisht
Co, the Union Gas x Er,Vtit oC. anu
the fluctuations of the rates durinS the
different conditions of competition.
Then the statements and questioning q.
MesSrs. Field. Huuton. Wyman ana rat
terson followed. II fell 10 Mr. EroWh 10
close the argument for ms siie am
something good was expected oi nm am
there was no disappointment. he talked
for about Il haiI hour. reviewing ti,e 81
uation pretty thoroughly. The closing
was in good hands and there was sympa-
thy for Mr.. johnson when he rose to race
the array of lawyers and their argu-
mentS on the other side.
But it was little sympathy that he
needed All YOU had to do was listen and
you'd be convinced even If you hannened
to be a stochnoldcr in the Oakland E.!ec-
tric Co. He had Peter for every Paul
of the other side and when lie tnished
few cnvied the select men with the task
they had ahead OF them. II was Il great
5 fight and when it was iinished 1t looked
as ii both sides were victorious.
Tho dpciSlnp of n SplGctmCn WAS re-