Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-26
AS [ understand it. the ma iOritv re-

AS l understand it, the majority re-
port, which is the Donigan bridge bill
So called, is the one under discussion
at the present time and / shall not
enter into the merits of the minority
report.
This proposition is an entirely nea
one, and according to the report of the
State highway commissioner, has new
er been adopted in any other state.
/ That of itself is an argument against
the bill. But this bill has been very
carelessly drawn, in my opinion. il
Nol win look at Section you will find
that al ridges constructed before the
first day of January last, and a..
bridges completed after the first day
of July next shall become State
bridges; but no provision is made for
such bridges as may be constructed
between the first day of last January
and the first day of next July. Those
bridges over 50 feet in length would
not como under the provisions of TINS
bill at all That would seem to be a
weak po,Ilt in the bill; because, if
some bridges Of 70 feet are TO be in
cluded. all of them should be. 1t
might work great hardship ON certain
towns. Also, in the second section, it
provides that towns SHAH reimburse
the State, but no provision is. made to
| compel the towns to do so.
| AS l understand it. in the case of
| county and State taxes, if the towns
refuse to pay the money To the State,
a warrant of distress is issued against
them, and they are obliged to pay it;
but, under this Donigan bridge bill
if town refuses to pay, there is 10
remedy by which the State can COLLEGE
| the money.
| In Section it provides that the
State may take land, ana shall pay
| all damages for the lands taken in the
construction Of bridges. 1t puts the
entire charge of paying land damages
| upon the State: whereas, of course, if
tie State. and town, and county, each
is to pay one-t third of the cost of the
| bridge, Why should not each pay one
third of the cost of the land damage,
| because that IS surely an item which
should enter into the cost OF the
| bridge.
| In Section 5 it provides that the
amount assessed upon the town shan.
be collected from the town: but under
the declsion-or rather, the opinion OF
| the supreme court, given in 1898. IN
what is called the Evans bridge cas-,
the court adds that, when a town was
up to its five per cent. limit, the State
could not compel that town to pay any
sums for the maintenance of bridges.
Now, il there are towns in the State
Up to the five Ter cent. limit and the
state orders bridges to be built i'll
those towns. what is to become of the
charge placed upon them? If it ex-
coeds the five ler cent. limit. you alc
held up. and the town cannot be held
to pay Its proportionate part.
There is also the question OF damage
TO persons using those bridges; and
that is a Very material one and on
which should not be set aside very
lightly in cases of certain tlt iects
where that may be, | do not know
except i'll such cases, the entire re-
3ponslbility comes upon the State of
Maine to pay the damages caused to
persons injured On those bridges Now
there is 10 duty upon the municipal
officers TO Inform the State. There Is,
no way to compel them to inform the
STATE as II the dangerous condition OF
those bridges, and yet the State is
obliged to stand all the damage In
ether words, IN individual RESPONSE
bllity which today rests upon towns
co iool: out ftr their bridges and see
that they are safe, is entirely done
away with, and that is placed upon
lie State of Maine | can imagin;.
what large corps of assistants the
state highway commissioner would re-
Guire Ii hc had to make an annual OF
perhaps sclni-annual inspection OF
tn. 1I13 bridges which come under
this bridge bill He would have to
make that inspection to satisfy him.
self that all those bridges We're in a
satisfactory ana suitable condition:
and the corps he would nave to en-
plcy would tject this State to an
unknown cost. 1t would, in my opin-
ion tend 10 make the towns very care
less as to the condition OF their bridges.
Also. III Section 10. it says that the
hills FOR services for the defense Of
these suits snail be paid by the State
including counsel fees. Now this bill
provides that the attorney general
shall defend those eases which NAV
be brought against the State for dam
age: and why should any counse! fees
He aid his Office has to defend these
suits The attorney general is a ser
want Of the people and is obliged to
defend these suits. of course. under
the duties of his Office
The last sc ction. Section Ia, which
provides for tax Of one-haIf mill,
seems to me to be the weakest sec
ton in the entire bill The amount o.
money to be raised by that onc-half
mill would amount to something over
S-Ho,o0o--not much over $2O0.0O0 ard
when you consider that there have
Been already requests made to thi :
state IL aid towns up to 100000 in
building bridges--when you consider
that the CITY of Portland today is |
waiting to spend $650,000 for building
tWo bridges when you consider in ad-
dition to that the entire cost of main
tonance of all these ITS bridges in the
State, and in addition to that also, all |
bridges that will be built by towns and |
counties themselves for which the |
towns and counties have not asked |
the State for any aid, this sum of