Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-08

the evidence am content with the
facts in this case-I say: Take the
last twelve years reckoning back from
1906. that that lake has not filled up
to its level for five springs. And do
You undertake to tell me. where it has
not filled up for five springs within the
last twelve years, that if you draw 1t
down six feet more you would expect
it ever to fill up at that time?
l have another proposition to make
from legal standpoint and it is
proposition which should settle this
question. 1 do not believe that this
Legislature, whatever they have done
in the past or may do in the future
have right to take the property Civ
en- to US for public uses and turn if
over to a private corporation which
this Union Water Company is. They
care very much about the operatives
of that city. They have done We'll for
them / have not any doubt: but you
must not forget, Mr. President, that
this same Union Water Company
came here for charter and got it at
one time and asked for further aid
from the State and that corporation
takes this water from these beautiful
lakes and brings it down to Lewiston
and what do they do with it? They
do not use it all for purposes of their
own build, but they sell it to the eX-
tent of $4,000, as the evidence shows,
to other corpora tons which am 1unt
they put into their own pockets. NOT
only that, but there is man here
from New York today. a capitalist.
Of great wealth, in the interests Of
this Union Water Power Company.
they comes from ali the States OF this
Union and undertake t. destroy these
beautiful lakes which are II" gran
deur and glory of the STAT. Sail we
allow it to be done. We viii have You
believe that the Union Water Power
Company and the Androscoggin val
ley would be wronged by it. Under
the right they have now and under
the rights which they Will have in the
future, if this bill does not pass the
prosperity Of Lver,npre Fans. of
Rumford Falls and all those other
places which have prosperel will
prosper and l am glad OF it,
Is it possible that anyone can be do
ceiveG in this great question? 1t is Il
fact that these waters v~ro gi:ca to
TN" State of Maine which j. iE"ir guar
dian; and | make the legal proposition,
Mr. President. that the State Of Maine
or this Legislature has no right to open
| that question and l desire urnn tina
question TO submit as Il - IT of my
| argument few citations. l-nIer the
Colonial Ordinance of l641 and 1647
these lakes came 10 the state of Mass
achusetts and when Maine was scpar-
ated from Massachusetts, by those or,li-
n n 1n 49,
| State Of Maine and the courts of this
state have defined the purpose for
which they were given to the State:
ana / propose always to be governe |
| by the courts of this State and the law
OF the land. Under the Colonial Ordi
nance Of 1911 and 1G47 the State owned
the great ponds as public property. held
in trust for public uses Now thew tell
me-. that to give it to this private cor
! lpratIon for private greed is for "n1Ih-
nc uses Oh no. 1t does not mean
that. That is too narrow a definition
| Of Public Uses" In saving that il
snail be used for public uses, does it
mean that the Union Water Go. shall
destroy the scenic beauty Of the state
Does it mean that it shall give it to
TINS private corpora ton at Lewiston
private n
! believe that?
1 90 not mean today to say one word
or TO do one thing to cripple those
grand Industries, because they have
proSpered in the past and we give them
the same right to prosper in tho fu;uvp.
put II they want to enlarge their in
duStrieS and to do more business, there
are other ways they can DO it without
~ a. - FRO itltr H.
was decided i'll the case against Fall
lLFer' lO' Mass. which goes on to state
other cases which ] will not stop IL
read. The public term use means 4
use which concerns an entire conmun-
lty as distinguished from a particular
lhdlNiduai, firm, or private corpora
ton
Thcs" lakes are public property and
the people Of Maine are the guardians
OF that property. 1t is not necessary
however. that every person in the com
munity should be directly benefited NV
its use. 1t is. however, absolutely es-
sential that every person should have
a right in common with all other pcr-
sons to use the same upon the terms
OF equality. The Union Water Power
60. is corporation organized under
th' general law Tor the purpose of Dri-
vate gain and there is no element of
public use therein.
Every industry abiShed unon the
AndroScogEin river was established
with the full knowledge and under
standing of the conditions preyailirc
along said river and in the lakes which
are tie source Of said river. and every
person knew the right of howacc and
the amount of water available and with
that knowledge the present industries
have been established. Every person
owning property relating To the Moose.
! lucmcGunticoOk and Richardson lake;
knows our law and takes title to il
knowing the low water mark in com
mon with the right of others to use the
waters of said lake.
1t seems to be a law that has bccr
adopted in this county that you can
not take public property for privat.
use; and l submit that that is good
| law.
Upon this question VIC have saiC
something about cooperative interest
and the industries of Lew iston, and L.,