Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-22
MAINE LEGISLATURE.
CONTINUED from Page Five.)

has been the policy of the State, that
would result to the disadvantage of
the general public. We are not chang
ing the policy of the State at all in
that respect. We have provided of
course, that no corporation should go
in to such locality without the con-
sent of the commission; if the COM
mission after hearing and investiga-
ton finds that it is proper to admit
second public utility, because the first
one is not giving good service or is
charging eXhorbitant rates, or the pub
lie is not properly protected, then, up
on hearing, the commission may per-
nit them to go in.
That Section q of our act was ae
cepted in the Senate, but this amend
ment is offered in the House, amend
ment &C., and it reads as follows:
But nothing in this Section shall be
construed as forbidding municipalities.
village corporations or lighting and
heating districts from making, general
ing, selling, distributing and supply
ing gas or electricity or both, within
the limits of sad municipalities, cor
poratons or districts. whether any cor
poration is already furnishing or is
authorized to furnish similar service
within said limits or not"
Now the effect of that amendment
would he TO entirely nullify the pro-
vision of the Statute, and Section %
so far as 1t applies to municipalities
who sought to open up the field. In a
way it is the same thing we have al
ready discussed in regard tow alter
districts. Now it occurs to the COM
ies in
world why a company that has gone in
at the invitation frequently of the mu-
nicipalty, who has its rights there and
and who is doing good service, should
he subjected to competition with any
municipal concern, any more than amy
other concern. 1t does not appear to US
20 be for the interest of the public. If
the public utility already there is not
furnishing q good service, or is charg-
ing exorbitant rates, or is otherwise
abusing its trust imposed upon 1T, why
then a municipal company organized
would be admitted into the field, just
the same as some other company might
be permitted by the commission and
with the consent of the commission. If
YOU control the public utility there is
no reason why you should not also pro-
tect them II they are doing what they
should and ought to do. Further than
that. in relation to water districts and
other public utilities of this class, 1t
has been the policy of the state for a
great many years to insert into their
charters a provision that the munich
eality might take over the plants at
any time they saw fit on complying
with certain reasonable conditions as
TO valuation and that sort of thing, so
the municipality is absolutely protect
ed. / move the rejection of Amend
ment &C."
The question being on the motion
that Amendment &c" be rejected,
A viva voce vote being taken, the
motion was agreed to, and Amend
ment &C" was rejected.
The CHAIRMAN: The Chair will next
Law before the committee amendment
a. being House Document No. $50.
Mr.. SMITH of Patten: Mr.. Chairman,
amendment "A" is an amendment to
Section %, and is committee amend
raent. +. This section reads as follows:
sect 2s No such consent shall -
granted to any person, association or
corporation to operate, manage or con-
troll any public utility in any city or
town where there is in operation a public
utility engaged In similar service or au-
thorized therefor until said commission
has made a declaration after a public
hearing of all parties interested that
public convenience and necessity require
such second public utility"
Now that was meant to apply to Sec
ton 27, to the kind of utilities named in
Section q, and the committee thought
that that word such covered the whole
ground, so that there might be no mis-
take about it: but to make it absolutely
certain that it might be applied only to
Section q, this amendment was introduce
ed by adding after the word utility in
the third line the words of the kind
named in Section twenty-seven," making
it absolutely certain and so as TO remove
any doubt in the matter; and l move the
adoption of amendment a. to Section
2s
The question being on the adoption of
amendment "a
viva voce vote being taken,
The motion was agreed to, and amend
ment IA was adopted.
The CHAIRMAN; The Chalr next
lays before the committee amendment
"K' to Section IS, being House Doc
ument No. 5F0.
% Mr.. SANBORN of South Portland:
Mr.. Chairman, as has been explained
by the gentleman from Patten (Mr
Smith,, the purpose of Section % is
to set forth the terms upon which the
consent of the commission shall be
granted. The provision of Section IS
is to set forth the terms upon which
the consent of the commission shall
be granted The provision of Section
2S is, they shall not give such con-
sent until they have had public
hearing and have found judicially that
public convenience and necessity re-
quire such consent to be given. This
is simply to prevent the commission
from granting permission unknown to
parties interested, without any hear
ing, and ill-advisedly; and the COM
mittee feel that the amendment sug-
gested, Amendment *" strikes out
that section entirely. If that section
were struck out it would leave the
commission free to grant DermisSion