The Republican journal., 1902-08-07

and there will be congregational singing as
well as solos. The business meeting will be
held at $50 a. m, and at that time new Off
GERS will be elected.
SUNDAY EXCURSIONS. When the steamer
Golden Rod left Bangor last Sunday morn
ing she had on board dozen or fifteen per-
sons who wished to go to Northport, some
of them having families there. Capt Ben
nett assured them that he would land them
there. AS the steamer came up to the
wharf at Northport, Mr.. Pond, superinten-
dent of the grounds, who stood on the head
of the pier, called out to Manager Bennett
that the boat must not land that the trus-
tees had instructed him to forbid it. Mr..
Bennett at once gave orders to the COM
mander of the boat, Captain Shute, and the
craft was stopped some distance from the
wharf and preparations made for transport
ing the passengers in small boats One
boat load had been landed, when there came
an unexpected change in the situation. The
steamer NJ and Nj, which came down from
Bucksport Saturday night, was lying at the
! wharf, and the captain, w. d. Bennett, who
was on the inshore side, demanded that the
gate be unlocked that he might go on board
his boat. AS his request was denied he
called to one of his crew to bring an axe
and break the fastenings. This was done.
and Capt. Bennett went on board his boat.
and in a few moments later went out to the
Golden Rod in small boat. The Golden
Rod then came along side the wharf, landed
her passengers and proceeded to Camden.
On her return there was no opposition to
her landing and receiving her passengers.
The SympathieS of the crowd were evident
~ with the boat, and the public generally,
no doubt, favor the landing of Sunday OK
cursions, while the association is deter
mined to prohibit them. Lewis A. Barker.
Esq. of Bangor, who was at Northp0rt on
Sunday, gave the following opinion in the
matter to the representative of the Bangor
Daily News:
The NoTthport Wesleyan Campground
Association has built wharf which they
choose to call private wharf, Unfortu-
nately for this proposition the association
has been in the habit of, and now takes
Wharfage from Captain Bennett of the NJ
and NJ and from the Eastern 5. S. Co. The
|. :. supreme Court and every State court
where the question has arisen have uni
formy decided in such case wharf, though
extending from private property, becomes
by It's nature a public wharf to all effects
and purposes, and the policy of the law
does not allow discrimination in the matter
OF who shall land. The court holds that any
steamer has Il right on payment of a reason
able wharfage to tie up at such a wharf
The association depends upon Il special
law p ssed by the Legislature of 1901, al
lowing them to close their wharf to boats
on Sunday. Legislatures sometimes pass
laws that courts decide invalid This may
be perfectly valid, but IA question arises in
my mind. The constitution of the nited
States says that no legislature shall pass
laws Impalrlng the obligation of contracts
irooab'' The greatest exposition of this was
the famous Dartmouth College case tried by
Daniel Webster.
My question is this; Under the decision
Of the court. when wharf has been built
and conducted in this manner, is there not
an implied contract between the owners of
sad wharf and every mariner who sails the
sea that sad mariner may, upon the pay
ment of reasonable wharfage, tie up at such
wharf If this be so, has not the legisla
ture pass a law impairing the obligation
of contra is?