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

l'udieY Oh 1dtdis representing the pro-
ponents ana Mr. William r. Pat
tansall representing the opponents
Of the bill. They were there with
their Witnesses The COMMITTEES gave
full hearing le the parties and their
counsel
The facts as developed at the hear
ing are as follows. In the closing days
of the last Legislature this bill was
passed. The testimony showed That
Henry l.. Gooch, living in the town of
last Machias had small steam saw
/ mill II was not situated directly on
Ing East hachias river bat at some
| niue distance from the river upon Il
logan During the average months Of
the year when there was plenty ar
water, Mr., Gooch could get his logs
from the main river over Il sort of bar
at the entrance To the logan, into the
logan which he used ass mil pond.
I'nt II was only 4 short period during
| The year that he could do this. He
cat sort of artificial channe! from
the river into The logan. When the
water was high it GHed The logan M
To some extent. In order To facilitate
the passage Of the logs from the main
river into his mil pond, he built what
would be called partial dam He took
any rocks to be obtained in the vicinf-
~ and created enough obstruction in
/ the flow Of the river 10 divert the VA
ter into his mill pond This served
| his purpose 10 some extent, but even
then he did not gel the amount of
water which he desired Ia facilitate
the passage Of logs into the logan
which he used as IA mill pond.
He came to this Legislature and
asked for u charter to construct A
dam and also for the right IL take tolls
/ from other people who were driving
logs down that river. Now rs / UNDER
stand The iaw IN regard To these mat
ters II is Ibis: Ender the decisions az
court Of onE State The rivers. the
! toaiable streams and rivers are pub
lie highways. They can H. used in
! the summer FOR the driving or The
floating 81 logs and boats and other
eoRveyaHees and in the winter lie
river can be used as 4 means Of travel
upon the ice
III. Ge4eh It'd not put this dam IN
+ Tor The purpose Of generating power.
81 course under the mill act a person
owning riparian rights can erect II
adm tor the purpose Of generating
mower. He can obstruct the stream
And some Of our courts have foIna
that is not allowed in some Of the
New England States. II is an ohstrrc-
lion Of the stream 50 that without a
charter of the Legislature this dam
built by Mr.. Goach not being a now
81 Jam. would be 4 public nuisance.
ard anyone injured thereby could
hfihg an action or ask FOR its re-
moyal
This cam. rs said before. was built
primarily Tor the convenience of Mr..
Gooeh, but the charter was asked for
under the pretext that it would facili-
tate The driving of logs.
IN onr State we have another ne
euIiar law. and that is parties may
build dam upon some of our streams
or rivers which is clearly shown to
iaciiltate or aid in the driving of logs
and charge toll from those whose
logs go over the dam. You see that is
very arbitrary exercise of power.
when an individual or corporation
cottid obstrlct stream by building a
dam, and then charge their neiehhors
u toll for driving their logs over 1t.
And The only reason that authority can
be given Is that it is for a public pur-
pose. that il is q public benefit
Nh. oiooch sought 10 bring himself
under the provisions. of that law.
There was some testimony TO the effect
| tnat his dam would benefit The driving
of logs. but there WAS "A good deal of
testimony that the dam evidently did
nor benefit the driving Of logs. bat that
il was an obstruction If that was the
fact Of course il wonld be public
nuisance because 1t was ohstructing
public highway, that is, floatable
stream, not being built to generate
power. or under the act To facilitate
the driving Of logs
Every lawyer knows that the only
reason why such dams can he main
tanned, is that they must show-the
burden of proof is upon such people
10 show, that the construction of the
dana is for the benefit of the log drlv-
ers; that it viii facilitate the work of
those who have lumber or logs upon
The stream to drive.
The committee did not think that this
dana aided OF helped or benefited the
driving Of logs to the extent claimed
by Mr. Gooch, but two years ago, the
Legislature having passed This act.
and Mr.. G6och having gone ahead ana
quilt the dam-it was very slimsy
structure; he paid $4,000 To build this
dam. so You can see that ii was not II
very substantial structure. 1t WAS
primarily built for his own convenience
in order To raise the head of water in
order that logs might come To his mil
pond. Therefore the committee thought
il they allowed him to keep Ills dam
in the stream, against the vehement
objection of the owners above. they
would strike out The provision to cell
lcct tolls.
II seemed that in 1912 there passed
over this dam pulp wood. small logs
to The amount Of 5000, so that il re-
duced the cost Of tie dam 5000. or
making II cost 10000. il further APP
peared in testimony that a company
cut and hauled and landed on the East