Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-01-25

course, compensation must be maue.
But, if taken from great ponds, winch
ale owned by the State, no reason is
perceived why damages should be en-
acted. Water for use as Il mechanical
power is important and should receive
reaSonaD Die protection. But water Tor
domestic use and by which til" health
and cleanliness Of the people and pro-
lection against fires are to be secured.
is also important. Aud when water for
both purposes is drawn from the same
public fountain. 10 reason is perC eived
why either of the parties should be re-
uuired to pay damages to the other.
Tested by the rules of the common
law. which require a reasonable Use
and. in case of conflict, Just ana tar
division of water. and the claim OF the
nion Water Power Company must fail.
Tested by the rules of law derived from
the Colonial Ordinance of 1bfl-I. ana
the result is the same. No property
rights of the Union Water Power Com
pany has been invaded by the city OF
Auburn. Tie water which the city of
Auburn is using is donation from the
state
Now that ease has been affirmed since.
50 It is entirely good law today. 1t haS
been up IN two three cases since. II
went up i'm the Lewiston case, because.
after that. the city Of Lewiston asked to
put a pipe into the same lake. ana thcf"
was a provision in their chal'ter that Ion
all legal damages that might be sustained
by the taking of water. damages Sh"uiu
he paid: So the Union Water Power Com
pany undertook to try it again; and the
court affirmed tie case, dicta. ii Is true.
huf the law affirmed.
| have made some changes in this char
ter. | was to Z" down through it. The
first section is unchanged. The Augusta
Water DIS. riot. for the purpose of is in
corporations is hereby authorized t. divert
and use water from Carlton pond.
In Section ] have changed simply the
word power in line four of the old char
ter :" as to make it clear for lust what
purposes the power is to he used. and J
| MIR Bradley that the word power alone
| was ambiguous. Section two contains
rothing new in the rights OF the Augusta
Water District
section , Said district is furthehr au
| thorizcd To increase the storage of said
| Carlton pond and to erect and maintain,
| have that necessarily. To get an average
flow of ".Miun a dav we have got to store
and impouEd and control all the spring
| How now wasted.
Section 4 is the usual clause in all char
tiers. to run through streets and highways
and across private or public lands.
| -
| in legislation. hut something new in leg
| islation. The taking business. as YOU go
down through the lcGiSla ion of the Au-
| gtIsta Water Company and of the district
the method of taking. is terribly confused.
| 1t has grown by patch work. the old
| charter starting in 1870 and amended two
or three times.
| After studying il all out. in my ildg-
mert today tho taking papers have 10 be
filed in the city clerks office. and not in
the office Of the register of deeds ! want
| Section amended so that whenever We
exercise the right of eminent domain. the
taking papers shall he filed where all tax
ing papers and real estate titles are filed
with the register of deeds. | underst God
from Mr.. Potter that You laid down :,
rule here two wears ago that YOU did not
| want the question of costs i'll any way e.
he complicated with takings. so | struck
lthat out. 1t is not matter of any great
importance. | understood from him thai
ynu laid down the rule two years go thai
you did not want any l. months provision
put in. that the failure to pay within |.
months should he a waiver. Tha; is of nc
consequence ard struck that out.
Section . repeals some particular parts
Company. Under our deed we have taker
rights and obligations Of the Augusta
have of our own. A portion of those are
with the seizure system. of the new bill
One part of the repeal is put in so that
! there shall be no opportunity for litiga