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

pupliC utlllJy To pay the costs OF such
nearing 1t is a question based upon
the intent Of this bill whether it is
wise to incorporate any such costs.
he only costs chat are allowed are
costs of appeal to the law court In
that case the same costs are allowed
as would be allowed in every other
case. AS far as the first part of it is
concerned, the maliciousiy and friv-
oiously bringing the complaint, / don t
see any objection to it. So far as the
latter part is concerned, it seems to me
that 1t may deter honest people from
bringing complaint, when if they knew
they had to pay the costs if they were
beaten they would be willing to pay
their own expenses and such minor
expenses as might be attendant to the
hearing on their side But as / say,
if this commission is to award costs
against them, when the power of the
State can be used TO compel witnesses
to come here which any public utility
might require from all sections, the
poor man would have very little show.
We believed that it was better to leave
the costs To each party to pay his own.
Now / think this was offered by Sena-
tor Morey. | would like To have the
Senator's ideas.
Mr. MOREY: I offered that amend
ment: If the complaint Is willfully and
malieiously brought, without any foun-
dation, the person bringing it should
pay the eXpehse-or persons. If the
complaint is justlied-and this amend
/ ment does not provide for The conn
pianantS paying the cost IN any
event, 1t is only in those cases where IT
Is malielously and frivoiolsly brought,
that world. be for the commission to
say in regard to chat. whether il was
broueht maiciously Or fryolonsly.
They might not be able To sustain
their case, When they brought it. but
that would not make II malicionsiy
and friVolously done, and unless it was
so zone they would not be subjected to
the costs; but If 1t was made to ap-
pear that II was done without any req
senabie ground ana maiIctousiy ana
ftlvolously, they should be required to
pay. But, on the other hand, the pub
lie utility, which would be the offend-
ing party ana against whom these
costs should be brought, 1t does not
seem that they should fnfther escape
without the payment of any costs, be
cause 1t would be by thelr own ACT
that these matters were brought
about, because OF their failure TO so
conduct their matters as to satis1y the
public utilities commission IN render
ING the judgment mat the matter hdd
been brought 1ustlflaply. NO reason
why they should not pay the costs OF
it.
Mr. COLE: ! fear the senator en-
tirely misunderstands the intent oil
this bill. This bill IS not to PUNISH any
public utility. Ihat IS not Inc intent
IN any part OF IL, ana II does not go
To the essence OF the pubic utlllties
that they are dong AWNING with
criminal intent. III SIMPLY goes 10 the
pubic utllities that Is charging hish-
er rate, or a higher toll, or carrying
people on a higher scheduie than thls
committee thihk IS Fight' II Is not
and there is no intent to punish the
public utility. IL the commission
thinks the utility can cut down rates
or give people better service or at a
lower rate 1t is not making .he uti,i-
" pay costs as Il liiateeF ., PUNISH
iiieht' d. yer .ieai MS pu' aiiiipts w ~
the peoplg III 'iieii i,sn'' iio'' 90. ,,0
u'lftS' we uo mo- 49, - 49, :" -.
49, 49,, ,a,rof.t,,, legai until tba
- 10 tho ,,,,bIic utilities commits
49,,
g. CO... &C. fr,vo1ous b,inaing of conn
,,1e;,,ts. t. aoroor,od Caetien AZ ooes 70
~ as.s.a,,oa ~ that Tbie Ton days was
tri,,o,, Co.. tt,a ooo,,,issio, "a look into
s,attor, o,,d sotiSf,, itsalf that the ne
.;tie,,a,.. ,,.o.. ,.asnons,hIe And we do
49, toiia,.o mot drriny the ton DAVIS in :
.,,.~r,i,.,r ~ r,,,,,,,,isSiop can no fooled
=, -, I'D. so,,,ahoav 10 on tho ioh
- .ho +o, aaue ord if tho com
,t,n 80 - fo,,,d 20 he frivolops If will
=" ai.,,,;,ead
a., ,,,at;no b,, Nv uarsev of Aroos-
.o,i, conota Amendment q was re-
ieeted
The CHAIRMAN: The Chair lays
before the committee for consideration
Senate Amendment IL to Section IS,