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

' been modified. changed, abridged and
wiped away. and | see nothing new.
| strange or extraordinary for this Leg
! islaturc to take that action when that
action is in favor of public policy and
the protection pf all the property own
ers under conditions. | think not.
The senator from Androscoggin
speaks of presumption. When y
man asks the state of Maine Ia give
him the strong right Of eminent do
main 10 build a dam across a stream
! and obstruct All navigation on thai
| stream. and more than that. to com
! pei men 10 20 into their pockets and
! pay ton Ia him. there has cot To no
more than a presumption. The bur
! den Of proof is upon him If it were
| not so any man could come to. the
| Legislature and say that this thing
would help him and that he thought
! II would help the public And Tho
| public might lie bothered and trouh-
| led il the matter.
As ! said before, there was a fun
| hcarng. The parties were represent
ed by able. ana one of them bv astutn
counsel. The committee heard The
! evidence, and an the committee after
| hearing this case reported as they did
| think, as I said before. the commit
! tee were given to understand by both
| counsel that these logs would arrive
| at that dam before this act took ef-
feet. but if perchanee they did not. I
| think ii may be right To give Mr..
! Gooeh the benefit of the tolls on the
| logs that come down the river this
year
| We do believe that this is right.
! that he has been reimbursed for the
| money he put out. The committee be-
| lieNed this dam being built primarily.
/ ] might say almost solely Tor his bust
! ness, That he should not have tn
| right To tell those above him on thu
! stream. If any amendment is offered
or can be offered to give Mr. Gnnch
! the right of tolls on this stream this
/ year | shall certainly have no OBJ
| iectien. for that was in accordance
| with The idea of the committee
MIR SfEARNS Of oxford. Mr.
| President, understand that The sena-
! tor from Washnton intends to sub
nit an amendment and the senator
/ from Penobscot has sgnfied his will
! ingness along that line.
Mr.. MANSFIELD: Mr. President, I
| did intend TO submit AN amendment
EHt he said he would not accept it.
Mr.. BAILEY; Mr.. President. | did
| not understand that the senator
wished to submit an amendment 10
| that effect. this morning
Mr.. MANSFIELD: have an
amendment here and asked the sena-
tor if it would be acceptable and he
said no.
Mr. RICHARDSON Of Penobscot:
Mr. President. this is matter that
comes a little outside of my expert
enee but from my remembrance If the
logs in boyhood days, it seems 10 me
tins Glght to BE- adjusted If by re-
fusing To pass this little act we do
an injury to this man Mr. Go0ch and
his heirs. why would it not he fair
FOR all concerned to submit an amend
ment and allow Mr.. Gooch his COM
pensation for the logs which pass
down the river. this year,
It seems to me that a dam of this
character. as | understand it, is of
much mere benefit Ia Mr.. t;eoch in his
business than it is 10 the parties who
own the logs coming down the river.
under the evidence presented here. |
want in all fairness the heirs If this
man To receive what is right and
proper. bnt it seems to me ON the 9th
or hand that the stipulations put over
the act are we'll met, and that Mr..
Gooeh should have pay for the logs
coming down the river, this year.
Mr.. MANSFIELD: Mr.. President. !
withdraw my motion for the purpose
of Offering Senate Amendment to
Senate Document 1872.
There was no objection. And SEN
ate Amendment A WAS offered. Sen
ate Amendment a to Senate Docu-
ment 399 Amend the last section by
adding thereto this act shall take ef-
feet July /, 1914
The PRESIDENTS: The question is
upon the adoption of Senate Amend
ment A to Senate Document 392.
Mr. BAILEY: Mr.. President, this is
small matter TO talk so much about.
IT seems to me that the senator from
Washington offers a pretty liberal
amendment to this bill. The Orono
Pulp & Paper Company have just
bought up there and intend 10 operate
very largely. If this amendment goes
into effect, the man will not only get
pay for his dam but a great deal
more The testimony was that the
dam was liable to go out at any time
under pressure. He will get pay for
the dam, but If the dam goes out he
would obtain another run of logs for
1914, and it does not seem TO me that
is proper amendment
| have no objection and the commit
tee has no objection, and in fact in
tended he should have the toll on the
stream. this year Under the amend
ment he would not only get that but
would get what comes down, next
year.
Mr.. MOREY: Mr.. President, think
there is misunderstanding about
this act. When they get pay for the
dam, that Is the extent except for i'm
proVements. 1t hardly seems that
there is n call for any improvements
of an extensive nature whatever,
When The dam is once paid for, that
is all they can clam. and the cost
of whatever improvements are made.
To mo. ~