Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-24

from time to time as the exigencies
of his business may seem to him to
require, he making increased compen-
sation for the increased f1owage.
But there is one important and OBJ
solute exception to the above named
statutory right to retard the natural
flow of stream. mo such dam shall
be erected Cor canal constructed) to
the injury of any mill Cor canaD law
fully existing on the same stream"
Section of Mill Act" R. S., CHI. 80.
1t follows, as a corollary, that when
a second mill has been built above the
flowage of the first and older mill and
dam. such fiowage cannot be increased
by raising the dam or by other appli-
ances, so as to lessen the original Of
ficiency of the mill above. Whatever
the greater age of his mill, the right
of a mill owner to increase his head
of water ceases when the flowage be-
gins to irjure the operation of mill,
however new, if already lawfully erect
ed before the injurious flow began. So
long, however, as the additional flow
age does not reach up SO far as TO
injuriously effect some mill by that
time lawfully erected, the right to in
crease the fowage is unlimited except
as limited by the statute itself. This
increase can be effected by raising the
height of the solid dam. by the use Of
flash boards, or by other appliances.
The owners of unoccupied water pow
ers. or mill sites, must submit to have
them flowed out and made useless, and
must content themselves with the
statutory compensation. When, how
ever, mill is once lawfully erected
above him, the lower mill owner is then
limited to such flowage as he has made
or appropriated before the upper mill
was built.
In other words, mill owner can at
any time appropriate for raising and
maintaining a head of water for work
ing his mill so much space in the river
valley as has not already been appro-
priated by some other mill owner for
his own mill. This appropriation, how
ever, must be actual to become a right.
1t cannot be by mere proclamation. nor
even by merely marking limits. There
must be an actual occupation OF the
space by a head or pond of water rails
ed by dams actually constructed of the
requisite height and efficiency to raise
such head"
The law is then, in brief, that the
owner who develops the privilege first
has right to it. The bearing upon
this case is simply this: This part Of
the privilege at present below the dam
of the Canaan Power Co. is not de-
veloped. Plans had been made and had
been under the consideration of the
company, and later under considera-
ton by the bondholders for the pur-
chase of extra flowage rights. and to
rights of tlowage above for the sake
of developing these powers; and you
rcan readily see that there is a good
deal of difference between power of
% feet and of - feet for head.
7 want to call your attention for a
moment to the clause that is under
dispute, "But the said Shawmut Man
ufacturing Co. shall not be restrained
or prevented from the prosecution and
completion OF the work of rebuilding
or raising it's dam by reason of the
owner or owners of any such power
or dam site beginning to develop or
build upon the same after the passage
of this act by this legislature
In it's first form in which it was pre-
scented to the committee was in the
form of prohibiting the owners of an
undevelored water power from begin
ming to develop after the passage OF
this act for a period of three years.
The effect of the two propositions is
the same, as l think you will see, only
in different language. Here is where
/ no TOO RI .n
gree with the majority. We are asked
in this clause of this charter to say,
practically, to the Canaan Power Co:
You shall not develop the rest of your
privilege until after the Shawmut
Manufacturing Co has made their de-
velopment. In other words, you must
sell that part of your privilege and
take what some jury will give YOU for
it. The reason that the Shawmut peo-
pie ask it is that. owing to the nature
of the case if the two concerns start
to make their developments at the same
time, the Canaan Power Co. have the
less work to do and can get the job
completed sooner, and therefore. under
the general provisions of the mill
Act" restrain the Shawmut Co. from
making those developments, and in
creasing the height of the water.
On this question, first, I want to deal
with the general proposition put up to
you by counsel, have no doubt that
it has been put up to the committee
that is. that it is a pity to allow great
development like this to be impeded
by a relatively small interest on this
little strcam-that it is pity to allow
an expenditure of two million dollars
for q pulp mill and development of
1000 horsepower, which is worth $685.
600 a year, to be held up and impeded
by relatively small right on this lit
tie stream. We all of us agree to that
that it is for the common interest to
have this great development made. 1
haven't any objection to that, nor has
any member of the committee: but I
want to call your attention to the pre-
else thing we are asked to do in this
case, to make that development pos
sible. We are asked to give the Shaw
NUT Manufacturing Co., a private COZ
poration, the right of eminent domain
so far as that portion of the property
of the Canaan Co. is concerned. which
is below their present dam. 1t is not
in controversy that the Canaan Co.
have this right There is some queS-