Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-24
MAINE LEGISLATURE.
CONTINUED from Page Ffve.)

CONSTITUTION ought TO nave d Wluc gap
between it and the statutes, I suppose
in theory, and do not think it strange,
that we should even close and narrow
that gap, and sometime-to use a
common eXpression-butt up against
the Constitution pretty closely. 1t is
not the thing to condemn our action
because we love the Constitution but
do not overrate it and that Is a ques-
ton for the courts to decide.
In taking the action which the ma
jority committee have taken here, they
only say to these people, you have not
taken advantage of the rights which
belonged to you. We do not believe
that you can take advantage Of them
with profit to yourself. We do not be-
lieve that you will take advantage of
them, it will only be because of your
ability to exact terms from this other
company. Nevertheless. we will leave
that question to be decided by the
courts, as it must be if it is not decided
by compromise. We only say to You
that you shall not have the right which
you otherwise might have to hold up
this company and prevent its action.
AS Senator Milliken has already said,
here is q large water power develop
ment, involving a new dam and 1t
would take one or two years to do this.
The little one above could be devcl-
oped within two or three months and
they could absolutely hold up the de-
velopmert of this lower power. Would
that be right? Would that be in the
interest of the State? Would it be
good policy? I imagine that Senator
Millken would say it would not be
good policy but. are we doing wrong?
We are doing this Canaan Power Co.
any moral wrong. We are not depriv-
ing them of any financial interest or
any advantage they might have. We
are only holding them up from the
possible exercise of a legal right. We
are to my own mind somewhat defining
more closely this question of the right
of eminent domain. / understand that
it is not without precedent, that a SIM
liar case has occurred in a develop
npnt on the PcnobScot river, where
like action was taken by the Legisla-
ture. l cannot quote it in detail, but
that it has not been held to be uncon-
stitutional, I am not at all too sure
tbVuh tiistN. Sui OStAoii III Shi'' No"S
may serve to better define the law
than it now stands.
I hope. gentlemen. that the vote tc
substitute the minority for the MAORI
ty report will not prevail
Mr.. MILIIKEN of Aroostook: Mr..
President: l think ] know of the
penobscot river case which the sena-
tor refers to, and I suspect that voted
for it in the committee and in the Leg
islature. But it differs from this in
the important particular that, while it
flowed out unused water power, it did
not provide that the rights of the dam
builders should not be restrained by
the development of the water power.
there being no provision forbidding a
future development, if they saw fit to
make it.
I want to say further that there are.
in my opinion, scores of cases of this
precise nature that depend in some
sense upon the action of this Legisla-
ture on this case. 1 know of one case
where the further development of a
power is sought on river, which de-
ponds on this bill.
And remember this, that this has
nothing to do with the question of un-
developed water power If they do not
develop it the Shawmut Co. has no
reason to ask for this provision. 1t is
precisely because the 'Shawmut peo-
pic think they intend to develop it
that thcy ask for this clause.
OH the question, why they have not
developed it, think have made plain
that the present power is worthless;
and the present company has failed
in trying 10 develop it. And if the pro-
posed plant is to go there, they must
have this ezra development and the
bcnihoders have invested money in
god faitoh for the storage rights above
that dam for the purpose of making
that development. and the charter for
electricity was not granted until 1907.
PtiOr to that, in 1904, they did not have
a charter to distribute electricity.
We have invested several thousand
dollars in settling damage claims for
flowage. Practically all Of these have
been settled except one or two. The
larger ones have been adjusted. And
the question of whether its develop
ment is going to be held UP is simply
q question Of whether the proposed de-
velopment of 1000 horsepower will be
held UP by its promoters on account
of the payment of $4,000 to this Ca
naan Power Co.
I do not know what the Canaan
Power Co. rights are. Nobody but the
law court could probably decide it.
But l am very clear about this. that
this Legislature has no right to dimin-
sh the property of the Canaan Pow
or Co., whatever the value may be.
They have no right to do anything that
will decrease the value of that prop
erty one dollar, whatever it is This
may be illustrated precisely by the
situation that exists when 1, or any
body in the lumber business, go to a
place to establish a mill. And it has
been within my experience to get to
this place where there was nothing but
river or farms. used for farming
purposes, and when you try to get an
option on those farms, you cannot get
the owners to say what they will take.
His farm is not worth any more to min,
for any other purpose than it was be-
fore. hut he has found that you want
it and he charges you more for the
property than he would have done II
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