Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-03
The nth MAINE LEGISLATURE
Stenographic Reports of the Sessions Of Senate
And House of Representatives

lie OH was Iiie1 gwen AZ iiSt AL't
second readings by motion of the same
Senator.
House Amendment 4 was then
adopted in concurrence
Mr.. Cole then offered Senate
Amendment A TO House Amendment 4
and moved its adoption.
Amend House Amendment 4 by
striking out the words. and expense
not to exceed s1506,n in the 25th line.
and by inserting in lieu thereof the
words reasonable fee
Mr.. BUTLER of Knox: Mr.. Presi-
dent, the public utilities commission
has among its members two very dis
tinguished lawyers Of the Maine bar.
It seems 10 me Very strange per
Torrance to employ counsel for any
investigation. do not understand
the necessity Of il or the reason fer It.
It seems to me they are abundantsy
competent to act as counsel for them
selves.
Mr.. COLE Of York: Mr.. President,
The Public Utilities Commission is a
commission supposed to be impartial in
every manner. Every investigation
held before the Public Utilities Com
mission IS like case tried before any
rnemoer Of the Supreme Court. Every
member Of the Supreme Court IS q
Ia Wyer, but it is customary for peo-
pie who have eases before the Su-
prene Court to employ counsel To pre-
sent their matters; and in this mat
ter. If an investigation + 70 be worked
out, or any hearing to he had upon
subject. the Public Utilities Commis-
sion are simply sitting as commits
sion 10 hear impartialIy the evidence
before It. ard to make its report upon
the evidence.
I don't understand that even though
that Commission is made up Of law
yers. that they themselves 20 into
matters except in the directing Of
how matters shall be investigated, ami
keeping within certain lines Of limiia-
ton.
There are, however, two officers Of
the State who may be called upon
at any time by the Public Utilities
Commission, and in this matter mieht
be we'll called on. We have an At
torney- General who * al the service Of
commissions, who could be directed 1y
the Public Utilities Commission to as
sist them n the investigation Of all
matters, when ordered by the State 10
Investigate. The assistant attorney
general is also subject to the call Of
the various departments Of the State.
The amendment which / have offered
here is an amendment 10 correct what
seems to me a very unwise limitation.
Whether an investigation will be had
or not perhaps depends upon the &c:
ton Of this Legislature and the action
Of the Governor, but should the Leg
isiature and the Governor deem it wise
to have an investigation following the
lines Of this here, it is absolutely
necessary, as all CT US must recognize,
that some attorney who is competent
should direct that investigation in be-
half Of the Public Utilities Commits
sion, and We realize that no attorney,
for fifteen hundred dollars who is
worth anything at ALL could afford
to give his time to such a broad in
vesugation. covering such a long per
iod of time as would be required in
this matter
For that reason it seems TO me fair.
in behalf of those who believe in the
investigation, fair to the railroad
which is to be investigated, fair to
the Public Utilities Commission, which
represents the State, that legal coun-
sci Of sufficient experience be en-
ployed, and paid a reasonable fee for
such service, and not to require the
Public Utilities Commission to en-
pioy man who is incompetent, and
not to employ a man. who, though lie
may be competent. will not and cannot
afford to do his work thoroughly. and
thereby lose the benefit Of what he
does because Of his unthoroughness.
When this matter came before the
Judiciary Committee, and when it was
before the Legislature, | think it was
generally regarded as a joke. The
Judiciary Committee did not take It
seriously when the matter was refer
red to them, but the matter was given
wide advertising which a mat
ter OF this kind requires. and at the
hearing a very respectable contingent
of people Of the State, or their rep
resentatiVes. appeared before the COM
mlttee. They We're made up of repre-
sentatives, citizens, business men, at
torneEs, shippers, men representing
large organizations, and they asked US
to report something to this Legislature.
1t wasn't farce but was hearing con-
quoted by an attorney in Gardiner.
who stands high among the counselors
OF the State, with all the spirit that
any hearing has been conducted be-
fore that Committee.
The Attorney-General appeared be-
lore the committee; the counsel for
the Maine Central Railroad appeared
before the committee. The counsel
for the Maine Central Railroad did
not object to such an investigation,
although he did not see the usefulness
OF it to anyone, but he said that the
Maine Central Railroad. if the State
ordered it, had no objection
Now it doesn't seem to me to be {.
great expense for the State, if the
State and the Maine Central Railroad
work tremendously. 1t is a matter
largely for accountants to get from
the records, if those records are pro
duced in the Offices of the Maine Cen
tral Railroad, and such extracts made
from the records as may come within
the lines of this order. It needs u
competent attorney to direct these ac-
countants what to take and what to
omit
The Public Utilities Commission IS
engaged all over the State in hearings