Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-26

These are some OF the reasons WHY
I look at this matter In this way. We
should not give the company the right
Is it has been stated over and over
again which the Legislature or the su-
preme court of Massachusetts has for
hidden Here are some questions that
were asked of the supreme court or
Massachusetts, as it within the con-
stitutional power OF the Legislature to
enact law for the purpose of selling
such things generally to it's inhabl-
tants or Others" and there are other
questions. but that is one of them,
and the supreme court Of Massachu-
sets has Said that it cannot be done.
Now, if that is true in Massachusetts
of the coal and wood business it Is
true of the ice business, because coal
and wood are certainly requisites and
necessarics of life. The gentleman from
Lewiston, Mr.. Edwards. has told you
that ice Is luxury. don't think 1t Is
luxury today. 1t was once but To-Day
in the cities and larger places / believe
it is a necessity.
Just one more thing. In the Tooth
Maine, Page 1884, l think, Judge Saw
age has said this: "In order for the
Legislature to grant right 1t must
be a public use and must be on a pub
lie exigency" It is said that the Legis-
lature is a judge of the exigency. but
the courts of Maine are the judges OF
whether it is a.public use. I would like
to ask anybody if there is any idea
in this bill that this ice is to be used
by the city OF Lewiston as munich
patty. Nobody believes it. 1t is to be
sold to its inhabitants. Is there any
body that believes that to be public
use? 1t cannot be. And, as Mr. Marshall
has told you, there is no exigency. l
don't believe we have the right to con-
slider this matter in that light.
Again, if we are to allow the city of
Lewiston to establish an ice plant it
cannot be done because they tax the
citizens to get the money with which
to do it. IF they do that, they tax this
particular ice company, the property
which this ice company has, to estab-
lisn the plant which shall sell ice to the
citizens. Does that strike you as right
and proper to ask one man in the dry
goods business, for instance, to con-
tribute money that another man may
sell goods lower than he and run him
out of business? The ice business is no
different; and that is the proposition
which they put up.
Again, they ask the right of eminent
domain. Are yorAwilling to say that
one company shall give UP rights
which it has in order that another
company may destroy it? l say, it is
not fair and it is not just, and there
fore, gentlemen. 1 hope that this mo-
ton to substitute the minority for the
majority report will not prevail
Mr.. EDWARDS: Mr.. Speaker. I
would like to ask the gentleman to
read the opinion of the court in that
quite get it.
Mr. SMITH of Berwick: Mr.. Speaker,
at the request of the gentleman from
Lisbon 1 will read from the report. 1t
is in the 1S2nd Massachusetts, and the
opinion Of the justices is found on page
COZ. Upon the first interogatory. wheth-
er the city would have the plant for the
purpose of selling coal and wood at cost
or less than cost or at a profit, the I'M
animous report of the court contained
the following: 1.-THE establishment Of a
business like the buying and selling of
fuel requires the expenditure of money.
If this is done by an agency of the
government there is no way to obtain
the money except by taxation. Money
cannot be raised by taxation except for
a public use. There may be some who
believe it would be we'll if business was
conducted by the people collectively,
living as q community and represented
by the government in the management
of ordinary industrial affairs. But no
body contends that such a system is
possible under our constitution. 1t is
plain. however. that taxation of the
people to establish a city or town in the
proprietorship of an ordinary mercantile
or manufacturing business would be a
| long step toward it. If men of prop
erty. owning coal and wood yards, should
be compelled to pay taxes for the es-
Enlistment of a rival coal yard by a
city or town, to furnish fuel at cost
| they would thus be forced to make con-
tributions of money for their own i'm
poverishmcnt; for if the coal yard of
| the city or town was conducted econ
| omically, they would be driven out of
business. A similar result would follow if
the business of furnishing provisions and
l. clothing. and other necessaries Of life
were taken up by the government: and
men who now earn u livelihood as pro-
pretors would be forced to work as en-
ployees in stores and shops conducted
by the public authorities.
Mr.. HINES of lewiston Mr. Speaker
| originally intended during this SEES
| sion of the Legislature to be as silent
as the Sphinx that graces the banks of
the far-away Nile. I had intended tC
| be as silent as some of my distinguished
| colleagues on all sides of me have sue
| eeeded in being loquacious: but if I did
| not break my silence now T should be
| untrue to myself and recreant to my
| constituents and false to you, my fel.
low members of the Legislature.
| This bill provides that the city OF
Lewiston shall be authorized to cut ice
in the Androscoggin river. Lake Auburn
Lake Sabattus and various other ponds
| in the county Of Androscoggin, to be
| sold to the inhabitants of the city OF
Lewiston for domestic purposes at cost
1t further provides that the city of Lew
iston shall take over the plant of the
Lake Auburn Crystal Ice Company il
one of two ways, by the right of emf