Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-07

al NIL 4, 1JIf.
tween what is and what is not pub
lie use, it is somewhat difficult to
mark. Some purposes readily align
themselves on one side as being clear
ly public in their nature while others
as readily fall on the other side as
being obviously private, and there is
debatable ground between the two.
Thus the support of schools, the re-
lief of paupers and the maintenance
of highways are clearly public uses
for which taxation is permissible and
it has also been held that the main
tenance of a public clock, the purchase
If a fire engine, the erection of mar
ket house, the building of a memorial
hall, the aid of a railroad, all come
within the scope of the same term.
On the other hand taxes cannot be
imposed to aid private enterprise
and a municipality cannot assist in
dividuals or corporations to establish
or carry On such business either di-
rectly or indirectly, nor can it engage
in such business itself If the direct
object is private, the indirect benc-
fits that may result to the public, even
in a large measure, are unaVailing to
remedy the vital defect.
5. The courts have never attempt
ed to lay down with minute detail
an memorable rule distinguishing pub
lie from private purposes because it
would be impossible to do so. Times
change The wants and necessities
of the people change. The opportun-
ity to satisfy those wants and neces-
sites by individual effort may vary.
What was clearly a public use centu-
rfes ago, may, because of changed condi-
tions, have ceased to be such today.
Thus the mill act came into being
in the early days of our parent Gem
monwealth of Massachusetts,, and was
adopted by our own State, was up
held as constitutional because of the
necessities of those primitive times.
The court later days have intImated
that were it an original question it
might be difficult to sustain it in view
of present industrial conditions.
Murdoch VS. Stickney s Cush. 113,
Salisbury Mills VS.. Forsatth 81 n. II.
l2i. Jordan VS.. Woodward 40 Maine
81.
on the other hand, what could not
be deemed a public use a century ago,
may. because of changed economic
and industrial conditions be such to-
day. Laws which are entirely ade-
quate to secure public welfare then
may be inadequate to accomplish the
same results now.
8. Thus a class of public uses has
grown up and been recognized with
in a comparatively recent time, due
both 10 the growing needs of the com
nunity and to modern inventions cal
culated to meet those needs, that fur
nish in our judgement a logical prece-
dent for the case at bar. These pub
lie uses or utilities, embrace water
light and heat.
4 1t is common knowledge that in
the early days our citizens, even in
the more popul6us towns and cities
obtained their water supply from pri-
vate wells and cisterns. There was
no public supply other than perhaps
the town pump in the village square
But in course of time the private
sources became both inadequate il
quantity and hazardous in quality an6
private water companies were char
tered te meet the changed demands
The purpose of these companies is
admittedly public.
Later the municipalities, in which
some of these water companies Were
established, were given the right by
The Legislature to take over and main
tain these plants, or municipal watel
districts We're formed to accomplish
the same purpose. The compensation
for those plants was raised by taxa
ton or by loan, and again the pur
pose is obviously public.
s. Conditions as to lighting me
with similar changes. Candles. lamps
gas end electricity have followed eacf
other in due course Of time.
AS late as 1891. . doubt seems t.
have arisen in Massachusetts as t,
the constitutional power of muniei
palities in respect to public and pri
Vate lighting and the House of Rep
resentatives of that year submitted t,
the Justices OF the supreme judicia
court two questions, first, whether tn
Legislature had the power under tn
/ constitution to authorize the cities ant
towns within the commonwealth t
/ manufacture and distribute gas O
/ electric light for use in their publ,
! streets and buildings, and second. 70
/ the purpose of selling the same to it
| own citizens. These questions wer
/ both answered unanimously in the af
/ firmative. Opinion of Justices, 10
Mass. 592.
9. If the lighting of private resi-
! dences and buildings is a public pur
| pose and one which the municipalit,
can legitimately carry on, the heat
/ ing of the same building is equal.
public. 1t is even greater necessity
Gas and electric lights are in the ma
! ture of Injuries, but heat is indis
pensable In the regions supplied
with natural gas, municipal heatin;
frcm that source has been adopted
and has been held to be constitutional
State VS.. Toledo, As Ohio ST. liz: II I
| p A 729.
The reasoning of the court is a
follows: Heat being an agent o
principle indispensable to the health
comfort and convenience Of every in
habitant of our cities, we do not Sc
why, through the medium of natura
gas, it may not be as much a publ
| cervica 70 furnish II tn tho eiffzanS q