Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-20
BILL IN EQUITY DISMISSED
With Costs for Each Defendant
Rescript in Knox Co. Case.

Crawford Electric co. IN equity, VS..
Knox County Power Co. and Hollis NJ.
Shaw. State, by information of Atty.
General, VS.. Hollis NJ. Shaw Knox
| county. Rescript, Cornish. j.
The Crawford Electric Company was
organized under the general laws of
the State on February 20, 1897, for the
purpose of making, generating, selling,
distributing, and supplying gas or cleo
tricity, or both, for lighting, heating.
manufacturing and mechanical pur-
poses in various towns in Knox and
Waldo counties, including the town of
Union. 1t is the owner of buildings
and water power in South Union pur-
chased with view to carrying out its
chartered purposes, but has neither
! furnished electricity nor installed APP
| paratus for that purpose.
In 1911, the. Knox County Power
| Company was also organized under
| the general law for the same general
purposes in the same towns, but has
| taken no steps to carry the same into
effect, and in its answer denies that
| it intends in any way to perform any
| Of the purposes of its incorporation.
ON November s, 1911. Hollis NJ. shaw,
tile municipal officers of the town of
Union, a. permit 10 erect poles and
string wires in all the streets and
highways of the town for the purpose
of lighting streets, ways and buildings
and selling electricity fer any and all
purposes: and, being the owner of a
water power. has since constructed an
electrical plant and system, is occupy
ing some &C the public ways with his
poles and wires, is holding himself
out as conducting an electric light and
power plant and business in the town
of Union, for supplying all who may
wish to purchase the same, as any cor
poration organized for that purpose
might do and is supplying the public
and individuals with electricity for
lighting at fixed tariff
Neither the Crawford Electric Com
pany. nor the Knox County Power
Company, nor Hollis NJ. Shaw, has any
rights granted specially by the Legis-
lature.
In a bill in equity brought by the
Crawford Electric Company praying
for an injunction against both defen-
dants. and in quo warranto proceed
ings brought against Hollis NJ. Shaw,
it is
Held:
/ That authority in one corporation
to supply gas or electricity, or both, i'll
certain territory is. under Il. S. chap
81. sec. /. prohibitive of the right of
another corporation to supply either in
the same territory, unless by consent
or by special legislative authority
6 confined
To corporations subsequently organized
under the general laws of the state
and does not extend to private Inal-
vidual.
3 A private Individual, without spe-
oial legislative authority, has a legal
right to generate and sell electricity
for public and private purposes and TO
sht the streets of a town. provided
lie has a legal permit from the NUM-
cfpal officers of the town to erect anu
raaintain his system of poles and wires
!; long the public highways.
That in SO doing, he is not usurp-
ire a public franchise, strictly speak
irg. and quo warranto proceedings Will
rot lie against him.
:. That there is marked dlstlhcllol
between a franchise which is essential
To the creation and continued existence
OF 4 corporation, right to exist as an
artificial. being, and which must be con-
ferred hys the sovereignty of the state
and those rights and powers which are
subsidiary in their nature, and which
though often conferred upon corpora
lions. are held and enjoyed by private
individuals without any grant from the
Legislature.
6. That a franchise is a privilege or
immunity of a public nature WHICH,
cannot be exercised without the express
permission Of the sovereign power that
is, without legislative grant
I. That the right to furnish electric
light and power. aside from the right
of eminent domain. is not strlctiy
speaking a franchise, but privilege or
power which may be granted TO COR
poration by the legislature, but is open
To any individual without such grant
There is nothing pertaining solely to
Sovereignty in the selling of electricity
fer lighting purposes. Though differ
entity measured, it is as much q COM
modify as Kerosene. and natural as
well as artificial persons should be al
lowed to deal in it.
3. That the Legislature, by virtue of
its control over the public roads of the
State, may expressly grant to per-
son or corporation authority to erect.
his or its lines along and, upon such
roads and ways or it may delegate that
power to the municipal officers of the
various cities and towns as has been
done by r. S. Chap. So, Sec. 1924 That
however is power and not franchise
and can be exercised by an individual
as well as by corporation.
g. That the defendant Shaw having
obtained permit from the municipal
officers of Union to use the highways of
said town for his electric lighting sys-
tenn, had the legal right to erect and
maintain such system and in so doing
was usurping no public franchise.
10. That as the Knox County Power
Company, in its answer, disclaimed all
intention of carrying out its chartered