Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-21

OF law go from other courts, ana are
certified by the clerk of the public SER
vice commission.
This amendment says that injunction
may issue suspending or staying any
order of the commission. This is the
very thing that is held up in every
ether public utility except one in tie
United States, and that is the thing we
attempted to avoid, and make the de-
cision rendered by the utility without
injunction.
We have said in this bill that the
final Judgment Of the commission shall
end everything: that no injunction
shall issue, and we believe it is right,
and that SO far as matters affected are
concerned the commission shall stand
on the same plane as the Supreme
Court
We believe that this Court after a
few years will be made up of experts
to whom W.. pay $4,000 to the chairman
and $500 to The other members, and
that they will be Just as able to pass
upon facts within their own knowledge
as the Supreme Court. We do not be-
lieve it is wise TO allow a stay of mat
tiers of fact by injunction. Final find
ngs of fact by the commission must
Immediately go into force. Matters Of
law may go to the Court If the Court
decides that the commission had no
jurisdiction then its findings are va
Gated and the untility goes back to the
same low rate as though the findings
had never been made.
On the other hand. if the Supreme
Court finds the law is with the com
mission and sustains the commission.
then the findings of fact stand and no
injunction should issue.
| move the rejection OF this amend
lment
The motion was agreed 10 and the
was rejected.
The CHAIRMAN: The Chair lays
Before the committee Senate Docu-
ment 52S Senate Amendment * l to
Section e..
Mr. HERSEY: Just one little word.
Mr.. Chairman, and that is "wilfullS'
to be inserted in Section G7 after the
word shall" in the second line. Sec
ton ca. Any director or officer Of any
public utility who shall wiIfully di-
rcctly or indirectly issue or cause To
be issued any stocks, bonds, notes or
other evidences of Indebtedness con-
trary to the provisions Of this act,
etc"
In doing the ordinary business of
this world, Mr.. Chairman. it is pretty
hard To convict anybody in the courts
of crime for fine or Imprisonment,
where the word "wilfully" is in the
statute. A man may kill another, and
!, oh ha
without any wilful intent why, ne
does not get more than ten years; he
is guilty of manslaughter only and
not of murder, because the intent
cannot be proved, the malicious, will
full intent.
You put that word in the statutes
and public service corporations will
issue their stock, bonds. etc, and you
cannot convict one of them Of wilfulIy
doing it.
AS the section stands now, the very
act of doing it, il they do it, they
cannot hide behind the clerk or the
stenographer or the office boy and say
that they issued those stocks or bonds
and that they did not know anything
about it.
AiiCfC mat bilC 1iiitilhiiitil NC ~
jected.
The motion was agreed to.
The CHAIRMAN: The Chair lays
before the COMMITTEES Senate Doeu-
ment 507, Senate Amendment p TO
Section 20.
Mr.. MOREY: That is the amend :
ment that was discussed this morn
ing, Section /, Page Il. And that
went to not taking matters to the
Legislature until first eXhausting the
rights of the commission. | desire 70
have that matter amended. 1t was
voted down, giving the concurrent
right to go to the Legislature as well
as to the public utilities, and this
Section 20 was to strike that out. be-
cause if permission We're given to
adopt that amendment, giving that
concurrent right to go to the Legis
lature, this section would be sur
plusage
On motion by Mr.. Stearns of Ok
ford, Senate Amendment p was re-
jected.
The CHAIRMAN: The Chair lays
before the committee Senate Docu-
ment 500. Senate Amendment r to
Section II.
Mr. COLE: Mr.. Chairman, Amend
ments r, S and 4 are the same. They
so to the abolition of the water stor-
age commission.
The committee felt that the duties
of the water storage commission 20
overlapped the duties of the public
service commission in many ways
that those duties could be performed
by the public service commission the
utility commission having jurisdiction
over all the public utilities that are
generating electric power by water
and at the same time would have
jurisdiction over every water plant.
There was naturally a desire tc
prevent overlapping on account of tbs
expense for both would requir,
hydraulic engineers, and the engineer.
could do the work of both commits
sions, and the same maps could b,
used by both commissions.
We believed that these three amend
ments should be rejected.
Mr.. MOREY; Mr. Chairman. tbs
Legislature of 1909 created the Public
Storage Commission. The members
of the commission three oaptla,Dan