Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-10

head OF the list, showing the lowest
typhoid rate Of any towns or cities in
the State.
We submit, therefore, that upon all
grounds the petitioners case has
lamentably failed.
Closing Argument Of Mr.. Thompson.
Following Mr.. Baker the closing ar
gument for the petitioners was made
by Mr.. Thompson who spoke as fol-
lows: els
do not appear for the town of
Brunswick or for the old stockholders
of the Pejepscot Water Company. I
appear for all the people living on the
territory embraced by the towns of
Brunswick and Topsham, who ask for
Incorporation with rights which may
enable them to obtain pure water for
public and domestic purposes at rea-
sonable cost. These petitioners are
not estopped in law or in morals or
otherwise by any act or omission of
the town of Brunswick or of the old
Pejepscot Water Company.
1t is nothing to us that Brunswick
did not avail herself of right by con-
tract to buy the Pejepscot property.
That right expired many years ago.
1t was on condition that the town pay
not less than the cost of the property,
and this would have included the cost
of pumping station located too near
the river, which if not then abandoned
was known to be worthless and neces-
sary to be abandoned. The town of
Brunswick never had a right to obtain
the Pejepscot property on fair terms
and these petitioners never had a
right to obtain it on any terms. The
right of eminent domain of which we
ask the benefit, is not an instrument of
oppression. The exercise Of it is no tort.
1t is inherent in all governments. It
is held by the courts to exist in full
vigOr in those states which have no
constitutional affirmation of it. Ev-
cry man holds his estate and makes
his plans and investments subject to
it and with a view to it. Every man
holds his property by a better tenure
because the State has this power. 1t
belongs to the Legislature to determine
when it shall be exerted. No wrong
will be done to the Maine Water Com
pany if it's property is taken by emf
nent domain for a public purpose and
LOT an equivalent IN cash.
1t is no argument against us that
there may be fraud or mistake or in
competency on the part of those who
may ascertain the value and price to
be paid for the property and rights
which shall be taken. The danger of
this is no more in this case than in any
other. If the Legislature should for
bear from this fear, the right Of emf
nent domain would be lost to the peo-
pie. 1t must be assumed that the SER
wants of the law will do their duty
The bill provides that three disinter-
ested and competent appraisers shall
be appointed by the court, one of whom
shall be learned in the law and neither
of whom shall be resident in Cumber-
land county or Sagadahoc; that these
appraisers shall ascertain and report
the fair sum to be paid for the taking
to the court and that the court may
affirm, reject or recommit their report
as justice shall require. These pro-
visions are in the act for the creation
of the Kennebec Water District which
has been tested in the court and found
good. They are in the bill now Of
fered instead of ours by the Maine Wa
ter Company. They are in the bill
corresponding in most respects with
ours which is coming before this Legis-
lature from Gardiner, to which the
Maine Water Company says it will
make no objection.
When lit becomes necessary to take
land by eminent domain for a highway
it is never expected that the petitioners
for the way shall show that the owner
of the land has abused and forfeited the
privileges of ownership. The law
makes no provision for an inquiry into
that and such inquiry is never made.
Eminent domain Is not used to enforce
la forfeiture or inf1ict a penalty. The
water is as much a public necessity as
the road. So. now when these seven
thousand people come here asking for
"a right to provide themselves with pure
water at reasonable cost, they cannot
legally or Reasonably be required to
show that the Maine Water Company
has failed to furnish good wateff, OF has,
charged exorbitant rates Or has other
wise failed in-its duty. go e
So far as the considerable village Of
Topsham is concerned, the Maine COM
pany has furnished no water at all.
Holding the old Pejepscot charter
which was granted by the legislature to
supply water to Topsham as well as
Brunswick and Bath, the Maine COM
pany has distinctly and upon request.
refused to extend its system to Tops
ham or place any system there. The
letter of it's president to Senator White
house written four years ago. declining
to furnish water to Topsham because
the company thought it could not do so
with profit to itself is now delivered by
US to the Committee. In consequence
of that refusal. the charter to the Lis
bon and Topsham Company was grant
ed; but by reason Of the remoteness Of
the two villages from each other it was
found impracticable to make use Of