Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-05-02
RUSSELL & WESTON co.
100 AND 1872 WATER STREET, AUGUSTA MAINE

If we want to go into these collaterals
then, may it please the Court. deduct
from this award what you know it viii
| really cost the people of this city to get
pure water. / hug to the law here. We
have a charter that allows us to go tC
China Lake. They can go there. They
are not shut out from that. We have &
charter up here at Silver Lakc-then they
have We have no limited charter like
theirs drawn in 1870 with no power
CT eminent domain, no power of seizure
of lands for water sheds and all those
matters We are equipped with the pow
or to save and preserve the public health
Do you believe. Mr.. Chairman. If sucl
considerations as these are to he injcctc,
in the caSe-dO you believe that this city
will ever drink manufactured water, with
ground water up here at Silver Lake, Will
n beautiful eXpansc of water up here al
China Lake. with Wehber Pond. approve
by Mr.. Whipple and Mr.. Gray. up here
To go there will cost us slSt.O00. Filtra
ton, Do you suppose the people of this
city are going to drink artificial water and
take all the chances of human errors IL
allowing this miserable pollution, infect
ed when tflat infection is about us, to Sc
through those pipes and trust their lives
and health to the intelligence of such la
borcrs as would be likely to take care OF
the scrapings of those filter beds: Cen
tlemen. there is a practical side to this
case as well as a theoretical. 1t is a
great wrong even to select this cost of
filtration as measure. with this beautl-
full. hcathful and perfectly pure lake
water so near at hand. The one Is
the protection of nature. The filter bed
is the protection simply of man. not of
mere machines but Of men, | wish had
time to spend upon that but l must leave
it to YOUR sense of fairness and business.
Now think there are but two more
matters that l wish to speak of. First,
the nature of their franchise. Here is
a competitive franchise lodged in the
Deyine Water Company. That is a
cloud upon the assurance of the incomt,
thew turn over to us today. 1t is to be
weighed in this case. 1t is n different
element from anything ever presented
in any case in this state. Now one
other suggestion, and the thought will
be constantly in your minds. the suS-
,rr.stion that some of the stockholders
or bondholders may suffer. The Com
pany own the property. We have
nothing here to do with stockholders.
We have nothing to do with bondhold-
ers. suggest. however. that the
bondholders have remedy to protect
them against the consequences of their
own folly. Tor it was folly, by invoking
the principle Of equitable estoppel
against the stockholders under the
statute requiring the latter to pay in
full for their stock. Now one more
suggestion collateral to this case. If
there have been excessive awards.
that does not change the truth Of the
law in this case. You have in this case
no great water powers available. This
is a question Of death and disease and
of impurity of water. This company
does not own it's service pipe. The
others did. This Company has no title
to large parts of it's property. Com
pare them with concerns started and
built and managed upon business prin-
ciples by men who had fair concep-
ton Of their duties to the public. Pro-