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

troduced and referred to the commit
tee on legal affairs. A hearing was held
in the Senate chamber and we only had
two days In which to circulate a petit
ton among the citizens OF Lewiston,
and we procured on that petition $500
citizens of the city of Lewiston, Re-
uublicans and<Democrats alike; and /
desire to say right here that this Is a
non-political and non-parisan and
purely a local measure. Who appeared
in opposition to this measure? Who
were the remonstrants? Who OF the
citizens Of Lewiston that came over
here and went before the legal AFFAIRS
committee and said that they were sat
isflcd with the price of ice CT with the
uuantity of ice which this company
had been serving them? Not a single
soul. Mr. Speaker. The only one who
smoke there was hired attorney. VIII"
argued the constitutionality of this
propositicn, and / say now, If the
Chair will bear with me briefly as to
tic constitutionality of this measure.
and then I shall have closed. have
been taught from earliest Childhood
that our government was divided into
three distinct departments. and l was
taught that the continued separation
of these three departments was the
best guaranty of the perpetulty and
permanency of our institutions. The
legislative department is first; the FIX
ecutive department is second and the
judicial department third. was taught
that it was the duty of the legislative
department to enact laws; that 1t was
the duty of the Executive department
to enforce them, and that it was tho
duty of the judicial department to IN
terpret their constitutionality.
Now, Mr.. Speaker, believe 1t Is the
duty of this House of Representatives
to enact this measure into law. and 1
believe it is the duty of the supreme
court OF the state of Maine to deter
mine uron the question of its consti-
tutionalitv. If this measure is as un-
constitutional as the gentlemen on the
majority side of the legal affairs COM
mittee would have you believe. If 1t is
as unconstitutional as the attorneys
for the Lake Auburn crystal Ice Co
would have you believe. in the name or
Heaven why are they here? If 1t Is un-
constitutional it is nugatory and Vold
and we cannot proceed under 1t. the
minute we try to take their land by
right of eminent domain an injunction
would lie and we would be stopped. II
YOU grant this act you can do no HARM
for they are amply protected. If it was
unconstitutional they would not be
here.
I desire to say just few words in
regard to the proposition which the
gentleman from Lisbon (Mr. Coolidge)
has advanced. AS 1 understand it.
every municipality. not only IN the
State of Maine but in every other
state, has the right to take land by
right of eminent domain and sell water
to it's inhabitants. I believe the near
est analogy to ice is water. 1t is as 1
understand it, Mr.. Speaker. only an
elemental difference between ice and
water, and the difference is that one Is
frozen and the other is not. If the cit
liens of the city of Lewiston have the
right to take water from the An
droscoggin river and sell it to the cit
liens of that municipality, then l say
why, in the name of heaven haven't
they got the right to take frozen wa
ter and sell it to the inhabitants of
that city? I think. Mr.. Speaker, / shall
Mr.. PIKE of Eastport: Mr.. Speaker:
AS a member who signed the minority
report, i. seems to me fitting and prop
err at this time that 1 ought to say a
word in defence of my position. This
is a bill to authorize the city of Lew
iston to maintain an ice plant. and
want briefly to review the reasons
why the city of Lewiston at this time
desires to engage in the ice business.
Up until two years ago the city of
Lewiston was we'll supplied with ice.
At that time there were two competing
companies supplying ice, but they soon
amalgamated They saw at once that
by getting together they could abso-
lutely control the output and the sup
ply of ice for the city of Lewiston. One
company proposed to buy out the other.
and a price was given to them that
the selling company thought would not
be accepted. Their property was worth
at that time about $4,000. and this
company offered to sell out for the
fabulous sum of $4,000, thinking of
course it would be refused. The offer
was accepted, and henceforth there
was one company supplying the ice to
the city of Lewiston. Then what hap
pened? That coming owning the shore
rights and the privilege of taking Ice
for a distance of two miles up and
down the AndrOscoggin river abso-
lutely controlled the situation there.
The gentlemen on the other side of this
proposition talk about competition.
You may as we'll attempt to go up into
the county of ArOostoOl1 and bring ice
down to supply the, city IF Lewiston
as to bring it from Lake Auburn, a
distance of four or five miles. This
company is right on the spot; they have
no distance to haul the Ice: competi-
ton has been eliminated; they entire
ly control tie situation and the inhabi-
tants of the city of Lewiston are at
their mercy.
Now Mr.. Speaker and Gentlemen. is
there any exigency? 1 say there is.
Thilt hundred citizens of the city
of Lewiston are knocking at the doors
of this Legislature asking for relief
from this trust. I say trust. because
it is monopoly. speak of it in the
sense that it is monopoly and that it
absolutely controls the output of ice
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