Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-13

| G00ch was gwen Inc right to erect a
dam and charge tolls until the sum
of $4,000 should be collected. After
that he could charge no more in tolls
except in the maintenance of the dam
II seems that Section provides
When the said Henry l.. Gooch, his
heirs and assigns have received from
toll his outlay ON dams. improvements
and repairs and six per cent. interest
thereon then the toll shah he reduced
10 a sum sufficient Ia keep the works
in repair The cost of dams, all inn
proVements and repairs made suisse
qnrnt to lie passage nf this act by
the said II. l.. Gaoeh, shall be included
in the cost OF dams and improvements
designated in this act"
This act was passed giving Mr..
Goehc lire right 10 erect a dam and
collect toll, and on the strength Of
this act he built the dam. 5000 has
been collected. and there is large
sum of logs above. But he cannot col
Iect anything above the cost of build
ing this dam, and for maintenance in
the future viii have only triins
anoitnt
Mr. Gooch is proceeding for the
heirs and assigns.
4 The father is dead and the son is
now sick. | think the proposition OF
The senator from Washington is emil
ncntly fair. AS / understand him. he
will bc willing to have an amendment
to the proposed act which wipes out
Sections and f,-although the motion
now is to Indefinitely postpone the bill,
provided the run of logs will get
= there in June, go oVtr the dam and
pay the amount required, 50 that they
will get back the amount of money
paid out understand that was the
proposition that was practically afoot.
and that both sides are willing that
should be done Unless this is done =
unless ii is indefinitely postponed OF
time fixed SO that this run Of logs
: viii get through, this man Gooch who
went on and built the dam relying on
the act of the Legislature. win simply
have built il for nanght. and shows
that il was absolutely foolish To put
any trust in an act like this II seems
10 me, in the spirit Of fair play anu
justice that Mr. Gooeh should have a
chance To recover his tolls.
Mr.. HASTINGS Of Androseogein: As
waters, in 1911, before which this mat
ter was taken mp and discussed. and
through whose recommendation IL was
finally passed. / feel it my duty to
take issue with the SENATOR from Pc
nobscot in relation to the value Of this
dam for driving purposes
We will take the senator's state
ment which | feel is no doubt correct
that Mr.. Gooch had a mil erected upon
/ what was a logan. as we lumbermen
are in the habit of calling a condition
of That kind, that made ont from this
river. He says himself that at the
times of high water Mr. Gooch could
& without trouble float his logs over this
/ bar and into this logan without the
] aid or assistance of any dam upon the
] river. At the times OF low water he
could not do that. Now il is fair 10
presume, this being the ease, these
gravel beds We're the occasion Of his
not being able to do that. The logs
coming down the river from above
must meet the same thing In other
words. they must be hung up 10y these
same gravel bars and sand bars.
If the building Of this dam destroyed
the effects Of those gravel bars. or i'm
other words. crowded the water enough
So that Mr. Goech at any season of
the year could float logs out of tie
main river into his logan, it is fair 10
! presume il must be benefit and as
sstance to the drives coming from
above. The bill was drawn in the usual
manner Of all such internal improve
ments on streams. and il seems to me
fair proposition that he should be
protected 10 tine extent of receiving
back the money he actually expended
s, i'm the erection Of this dam
Mr. BUTTON of Kennebec: Mr..
President. my only knowledge Of this
matter comes from the discussion here.
I this morning. | submit To the sena-
tors that the considerations which,
| TWO years ago, actuated the Legislature
in granting this charter or making
THIS provision for the erection of this
dam and the changing of tolls have
no place here this morning They are
not at ali material to the issue here
1t Is sufficient to say that, two years
ago, the Legislature was satisfied that
| IT was in the interest of driving upon
TINS river that this charter be granted
II was granted upon the face of the
charter, upon the face Of the contract
that this deceased man spent the sum
of $3.50
Now | submit that ii is fair prom
osition that that contract made with
the state of Maine, two years ago, and
carried out i'm good faith be not re-
pudiated by this Legislature If we
are 10 stop in the proposition of re-
pndiating contracts made with the
State of Maine lief MS take eon1ptbip.e
OF more importance and not some triv-
ial thing going TO some family, Il mat
ter OF $3.50. Let us not repudfate n
contract with a man who is now de-
ceased and is not here to answer.
Mr. BAILEY; Mr.. President. | pre-
sumo that in looking at every contract
the surrounding circumstances, tho
conditions, the aituation of the parties
at the time when the contract was
made IN n proper subject of consid-
Grafton in afterwards constituting or in
looking al the rights of the parties UNI
der il