davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23

general law, nor, so far as appears any
ordinance of either of the muncipali-
ties within which it exists, forbids the
operation of a public water system by
any other person or corporation; but
its charter and street locations have
that effect. Others are practically pre-
cluded from doing a water business
there, and the residents from securing
service from others
Subject to reasonable limitations. its
duty to serve is measured geograph-
ically by the limits of the territory
within which it deters others from
serving. This is just as true where it
prevents others by having absorbed
the more profitable portions of the ter
ritory itself as though it included them
by actual force or by direct legislative
prohibition.
"Prima facie a utility whose fran
chise in municipality is community
wide is under the correlative duty of
rendering community wide service and
of constructing at its expense the ex-
tensions necessary thereto" Cal R. r.
Com. Re Practice Of Water, Gas &,
Tel. Utilities, Rate Research, 391 &,
! ALL
The undertaking is to perform the
service as whole. The public service
company cannot be permitted, holding
a monopoly as it often does, to select
the most profitable parts of the service
and supplying them. treat sncn per-
Torrance as a compliance with its du-
ty." Penn. Pub. Serv. Com. Ulrich VS..
Eastern Pa. L., H. & P. Co., P. L. r.
1916A-1OS
AS we have intimated, this duty is
not without it's limitations. Burdens
will not be imposed upon the utility
which either impair it's power to serve
its territory generally or are unrea-
sonably onerous to do that which is
physically or financially impossible or
unreasonable For example, respondent,
limited as to its power to borrow. may
not be required to make extensions as
rapidly as similar districts which may
finance extensions and renewals by
bond issues. Every case must depend
somewhat upon it's own conditions.
But the burden is upon the utility,
largely, at least, to show that the gen.
eral rule should not apply in any Civ
en- case under consideration.
In the case before us the respondent
does not question the propriety of the
desired extension, nor plead inability
to make it. 1t does, however, insist
that, if made, 1t should be upon terms
much more hurdensome to the Detition-
ers than those imposed upon the gen.
eral public, namely, an income on the
investment more than 40 per cent. in
excess Of its average income. For that
reason we have stated the :oregcing
principles at some length. The utility
should not be given a special reward
for doing its duty; the petitioners
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
DIR. A. P. PURINGTON
OF KENDUSKEAG, ME.

Bangor, Me-, June 21.-Dr Andrew
NJ. Purington died Tuesday night at
his home in Kenduskeag, aged IS
years. He was a native Of Livermore
and was graduated from Dartmouth in
1862 He practiced medicine in Levant
for 30 years, then moving to Kendus-
keag. where he practiced until 1909,
when he retired. He was superintend-
ent of schools of Levant for 20 years,
was prominent in musical circles and
a choir leader. He was for years act
i've in Democratic politics and in Mas
onry.
A widow, and three sons survive, DR..
Watson S. Purington of Kenduskeag,
Dr. William A. Purington Of Foxcroft
and Andrew B. burlington Of Bangor.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23

AL individuals, firms and corpora
tions, whether private, public or mu-
nicipal shall pay the rates es-
tablished by said board Of trustees foS
| the water used by them. and said rates
shall be uniform within the territory
supplied by the district" Even if this
section is to be construed as quail
| fed by the earlier (eighth) section.
such qualification should not go be-
yond the express language contained
in it. and an analysis Of the two dis
closes a significant difference of
phraseology. The earlier section seeks
to protect the contracts of persons
or corporations" the later one i'm
poses uniformity upon individuals.
firms and corporations, whether pri-
vate. public or municipal" If the for
mer is to be read out Of the latter with
reference to contracts then existent, it
| may consistently be so done as to
contracts with persons and private
corporations; and give force TO the
change in phraseology. If the TWO I'M
qualified nouns in the earlier section
were intended to have the same mean
ing as the enlarged definition in tbs
later. the additional words are mean
ingless. I'VE cannot suppose that this
change was without a distinct purpose
We must have regard to all
the words used by Congress. and as
far as possible give effeffct to them. :
L. & n. r. r. V. Motley, PIG L. 3.
467.
Whatever may have been intended
by Section s, whether to preserve
existing rates, which would be incon-
sistent with the later section. or to
preserve the right to service without
especial regard to rates, which would
be consistent with Section 10. the Leg
| islature does not appear to have
sought to save to the municipality
any special rights. 1t was competent
for the Legislature to waive any cor
tract rights of one of its political sub
divisions. The constitutional limita-
tons which preven- the Legislature
from impairing the obligation of A
contract do not debar it from annull-
ing obligations due to the public" Cor
telyou v. Anderson, 73 y. j. l.. 427. 431.
1t. therefore, seems that if any con-
tract ever existed. it became invalid
under the provisions of the act Great
ing the Augusta Water District,
wherein the Legislature first under
took to regulate rates for Augusta. So
that it was unnecessary even for the
more extended provisions of the Pub
lie Utilities act to make this discrim-
tnatory practice unla wful
That the granting of free service to
municipality by a public utility I'M
der contract. ordinance. or franchise
condition is an unjust burden upon
and discrimination against the private
customers Of the utility which the
state. either by its Legislature or
through a commission. lawfully may
and should. abolish is generally main
tanned by commissions and courts.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
Who for First Time In History Of
Bowdoin Has Won Defamation
Award Two Consecutive Years

Skowhegan. Me, June 22.-(Special.
-Skowhegan people learn with both
pride and pleasure that Horatio Tobey
Mooers, son of ex-Sheriff and Mrs.
John A. Mooers of this town, has this
year again won the first prize in the
annual contest for the Alexander
prizes of $40 and $40 for select decla-
nation. being the first student in the
consecutive years. Mr.. Mooers was
one of nine students selected from
preliminary debate in the three lower
lection from "A Christmas Carol" by
Dickens.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
FAIRFIELD
Dickens,

The fire truck. the purchase or which
was authorized at the annual meeting
of the corporation and which arrived
IN town some three weeks ago, has
been equipped with body, running
board, ladders and chemical and fire
hose. was put into service Tuesday
morning. 1t is now in the engine house
awaiting the alarm for service.
The Kennebec Association of Past
Noble Grands met at the home Of Mrs.
Chester Furber on High street Thurs
day afternoon. There was a large num-
Der present and each member respond
ed to the roll call with a current event.
An important business session was
held and matters of interest t. the as
ISOLATION were acted upon. After a
very pleasant social hour light refresh
ments were served by the hostess.
Miss Madeleine Salla, who has made
her home with her uncle and aunt, Mr..
and Mrs. A. c. Ladd of lower Main
street for the past three years, will
leave this morning for Anderson, S. c.,
where she will join her father. After q
few weeks vacation she will enter
nurse Miss Salla is a graduate of Law
renee high school in the class Of 1916
and is a most popular young lady In
this town. She has large number Of
friends in this vicinity who will great
ly feel her departure and al extend
to her their best wishes for her sue
cess in her new undertakings.
Leewood Jones is employed in the
Fairfield postoffice ready to fill the va
cancy caused by any members Of the
force taking their vacations.
The following members of tire Chris
tian Endeavor Society of the Baptist
church will leave Friday ;or Vassalbo-
70 to attend the summer convention of
the Kennebec County Christian En-
deavor Union to be held in the Congre-
gational church in that town during
the day: Mr.. and Mrs. Worth Brown,
Mr.. and Mrs. Lester Glazier Mrs. Err
nest Holman, Walter Plumn,er, Ruth
Blakney, Lillian Rollins, Eltha Spin
ney. Oiola Rollins, Arlene Plummer and
Hazeltina Hatch. The party will leave
on the morning train, attend the morn
ing and afternoon sessions Of the con-
vention and return in the evening
train. Members of the party will carry
a box lunch and supper will be served
by the members of the Christian En-
deavor Society of Vassalboro.
Medwin I.add was calling on friends
in North Arson on Thursday.
Many from this town went to Wa
terville on Thursday morning to wit
ness the departure of Co. H Of Wa
terville and other companies Of the I'd
Maine Regiment. which have gone to
Augusta for mobilization. Many tears
were shed as these kahi clad young
men departed as taps were sounded by
buglers on the rear. platform of the
train. Nearly one-third of Co. H of
Waterville is made up Of young men
from this town and many interested
people from this town were on the
scene to pay a last tribute to these de-
parting soldiers who are answering
their country's call to arms.
The regular meeting of the Good Will
Rebekah Lodge, No so, was held in the
Odd Fellows hall Thursday evening.
There was a large number Of the men,
bers present and many important mat
tiers were discussed.
The regular weekly class meeting will
be held in the Methodist church vestry
Friday evening at 7.30.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23

re Maine Public Utilities Commission
!" rendered decision ordering the ex-
'ls.oN by the Augusta Water District of
Y water service to Gilman street.
ne appearances in the case were Frank
ChaAe> and Clarence Hallett each pro
y Joan f Nelson. attorney, and George
Naeomher treasurer. for the Augusta
"'er District. Cleaves chairman. Skel-
y" and Mullen. commissioners. The re-
i'' says.
History Of Case.
'"S Is a complaint originated by the
'Hinlss.'n under section As 70 the Utili-
AT, alleging that the service of the
-e-s'a Water District is inadequate and
''NO' oe obtained so far as IL relates to
'''ah street. IN the city of Augusta. and
owners of houses thereon. Notice OF
susaton was given the respondent,
augusta Water District. May 2. 1916
me respondents answer thereto was
- MAY lf 1915. Both are attached to
The case was assigned for hear
on Nav p 1915. and notice of hearing
- IRE respondent May %. 1916.
man street extends easterly from
i, "lth Belfast road. Respondents dis
"oh nam now extends along the
road past the point where Gilman
enters 1t. Clarence Hallett has Il
IS mouse on the north side of Gill
~, street., some 225 feet from the South
road. and Frank $. Cheney has
4. U"elinE houses further along on the
~ side Of the street. None of these
~ now has city water. They are
'''a from private we'll which fails
Z =, 'erV dry season. Mr. Cheney owns
"a some Is acres of llnd on this street
'endins back therefrom. including
a, suitable for building lots. within
'an n-minutes' walk from the post
M. ne IS now preparing to build an
mouse the coming year. and still
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23

Don't Hide Them With a Veil; Remove
Them With the Othine Prescription,

This prescription for the removal OF
freckes was written by prominent ply
moving freckles and giving a clear, beau
tiful complexion that it is sold by any
druggist under guarantee to refund the
money if it fails.
Don't hide your freckles under veil;
get an ounce of othine and remove them.
Even the first few applications should
show a wonderful improvement. some OF
the lighter freckles vanishing entirely.
Be sure to ask the druggist for the
double strength othine; it is this that is
sold on the money-back guarantee.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
PUBLIC UTILITIES ORDERS
WATER SERVICE EXTENDED
TO GILMAN STREET, AUGUSTA

The Document Includes History Of the Case
and Styles the DISTRICT q, Monopoly, Others Be-
ing Barred from ST milar Business -Peti-
toners Promise Fair Return tor the Outlay,
Scored-The Practice Is Unlawful and Should
Be Abolished
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
The Decision.

Our conclusion is that the cost of fur
nishing water to the city of Augusta
should be borne by the city and not by
the domestic consumers of that part of
the city and of contiguous territory who
compose the district, and that these petit
TONERS should not be required to guaran-
tee rate of return that will include a
load for municipal purposes. We can
not foretell whether the trustees in pub
fishing a rate for municipal uses, will feel
justified in reducing the domestic rates
now in force. or will believe that the adj
ditional revenue is required for extern
sions. etc. Nor can we say what proper
ton of the present charge should be
borne by the city. We do know that a
fair apportionment for municipal uses.
including hydrant rental is very sub
stantial amount. Under the foregoing
conditions we shall reserve to the parties
the right to a rehearing on the amount OF
the guarantee after one year. For the
present we shall fix it at six per cent. of
the cost of the extension. and shall stipu-
late that it continue only for a limited
time.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
The Practice Unlawful

The evidence in this case shows tina,
the municipality is promised, in it's ar
rangement with the Augusta Waite,
Company, free service for an unlimited
time. We are of the opinion that this
contract never was binding, and that
whatever force it may have possessed
when entered into, later statutory reg.
ulations avoided.
In the first place, 1t would seem to
be against public policy for a public
utility to enter into an agreemen,
whereby the benefits of one substan-
tial class of it's patrons are required tc
be paid for by another class. This is
especially obnoxious where not even
the geographical limits of the munich.
pality are the same as those of the
territory served by the utility. This is
not an attempt to fix the compensation
with reasonable accuracy; it is nc
compensation at ALL
Section IS, Chapter 4. Revised Stat
utes. provides that municipal cor
pora tons may contract for supply OF
water, gas and electric light for mu-
nicipal uses for a term Of years upon
such terms as may be mutually agreed
from time to time renew the same, and
may raise money therefor" and
validates "all such contracts made
by Chap. 500, Sec. 6, Private and Spe-
cial Laws of 1885, the same authority
and no more, was given to Augusta
This does not assist in the present
case. because this contract does not
appear to have been made for a term
of years" See Water Co. V Waterville
SO Me. $50, in which the court lays
special stress on the fact that the con-
tract was for a reasonable time only
In other words, this is not contract"
within the power delegated to the mu-
nicipality. or subsequently confirmed
1t is nothing, at best, beyond an ordi-
nance or condition in the franchise
given the original water company.
Whatever arrangement the city and
the Augusta Water Co. undertook to
make, the Legislature itself, by subse-
quent exercise Of its right to regulate
rates, abrogated. Sections 8 and 10 OF
the act of 1903, already quoted, con-
tain the first provisions pertinent to
this inquiry. Section s, by which the
trustees feel bound, imposed upon the
Augusta Water District "all valid con-
tracts now existing between the Au-
gusta Water Company and any per-
sons or corporations for supplying wa
ter within said district" Unless val
id contract" existed-concerning which
we have already expressed doubt-this
taken alone would not justify the con-
rinuarce of free service.
But the same act, Section 10, says
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23

others later if city water can be obtained.
Testimony at the hearing indicated that
one Hanks, who now has a house on the
south side of the street nearer the South
Belfast road. would build another one
farther in if the water were brought into
the street.
Mr.. Cheney first came to the Commits
sion in 1915 and complained that he could
not get the Water District to serve him.
He then had one house and proposed to
build the second, which has since been
done The matter was then treated as an
informal complaint. and taken up with
the district. but satisfactory progress
was not made owing to differences Of
opinion as to the cost Of the extension
and the feeling on the part of the trus-
tees of the district that the revenue would
not justify the expense.
Conferences were had with the parties
and arranged for between them. AS re-
suit of these efforts the trustees expressed
a Willingness to extend the distribution
system into Gilman street to accommodate
Messrs. Cheney and Hallett on receipt of
a guarantee of a reasonable revenue
They proposed 10 per cent. annually on
the cost of the extension. which they be-
lieved would cost about $500, made with g.
inch pipe The petitioners thought this
too high, and no agreement was made.
Finally, this action was instituted by
the commission to determine whether and
under what conditions the extension
should be made. Both parties appeared to
he satisfied that it should be settled in
this manner
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
Ordered, Adjudsed and Decreed:

| That the Augusta Water District extend
its distribution main from its present
main on the South Belfast road into and
along Gilman street sufficient distance
to accommodate in the usual manner the
houses now standing on said street and
owned by Frank S. Cheney, and make the
usual service connections with said
houses and the house of Clarence Hallett,
on said street, on request Said dstripu-
ton main may be two-inch pipe or six
inch pipe as determined by the trustees
of said district. The work of making said
extension shall be commenced within %
days after said Cheney shall have ten
dered to said trustees the written guar
antee mentioned in the next paragraph
hereof and shall be prosecuted to COM
pletion with reasonable diligence.
That said Cheney shall be required to
present to said trustees, executed by him.
SELF or by himself and said Hallett, be-
fore said district is bound to undertake
said extension, written guarantee, in
form satisfactory to said trustees, or to
this Commission, providing for the pay
ment to said district annually for three
years from the date on which water shall
De ready TO De turned on III the aforesaid
houses sum which, with all sums col
lected or collectible for the use of water
taken from said extension during said re-
spective years, shall be equal to six per-
cent. per annum on the cost of construc-
ton Of Said extension as reported by said
district to this Commission and verified
by 1t or its order; provided however, that
either party may have rehearing on the
amount Of said guarantee at any time
after the expiration of the first annual
period. aforesaid. And provided further
that said district shall not be required
to prosecute said work while the ground
is frozen unless it shall have received
said guarantee before September /, 1916
in which event said return shall be reck-
oned on only such part of the expense as
this Commission finds is not due to frost
in the ground.
That said district report to this Com
mission in writing when said extension
is ready for service. as aforesaid. with the
cost thereof in detail.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-23
Extent of Duty to Serve

The Augusta Water District is mo-
noroly. Neither it's charter nor the
The Bridgeport evening farmer., 1916-09-07
A Dinner Provokingly Delayed

the ravages of the two Balkan wars, in which tens of thousands Of her sons were killed, many more crippled, and her material resources reduced to the starvation point. According to Am ericans who have visited Bulgaria in the last few months, the country has been thoroughly denuded of foodstuffs by the Germans. and many of the necessities of life are now obtainable only under a card system by which the amounts are strictly limited.
 The reverence of the Bulgarians for the Russians is we'll illustrated by the fact that, although Bulgarians are now forced to look upon Russia as their enemy, they have permitted the statue of Czar Alexander the Libera- tor to remain in the grand square at Sofia. Not only that, but Bulgarians continue to doff their hats when they approach the monument to the father of the present Russian Czar.
 ''The ingratitude and treachery at- tributed so mercilessly to the Bull garian in general is one of the greatest injustices of the present war;" wrote correspondent of the New York World who visited Bulgaria some months ago. Undoubtedly treason was committed at Sofia; but it came from above-from the royalty and not from the people,"
The Bridgeport evening farmer., 1916-09-07
Birthday Fete
 Surprises Young
 Milne Street Man

A birthday surprise party was rem dered James Mccullough at his home. ss Milne street. unday evening, when he was presented with a gold watch and chain by his father, Simon McCul- tough. Also he received a black leather travelink bag from the boys of the Crystal Wave Cottage" Pine creek, Fairfield, and many other use- full gifts.
 The evening was spent in dancing. singing and amusing games Plano selections were rendered by Mrs. Am- prose Ashley. Miss Esther Hanan and Miss Katheryne Hassett. Vocal ef- fort by Daniel Donovan, Thomas and Edward Sheehan pleased.
 The guests were the Misses Irene whelan, Gertrude Weary. Marie Mur- phy, Marion Mccarthy, Margaret Me- Carthy, Agnus Dunn, Mae Condon, Katheryne Hassett. Esther. Hanan' Margaret and Catherine Phalen, Doro- thy Nichols. Bessie Nugent, Ethel and Anna McMahon and Messrs. Charles Downey. James Mccullough, George English, Raymond Congdon. John So- lon, Frank Mccarthy, Edward Shee- han wm. Flynn, Thomas Sheehan, wm. Dewitt Herbert Donnelly, Daniel Donovan. Wm. Hanan. Hugh Dewitt. Charles Ward, Joseph Murphy, Ronald Ward. MT. and Mrs. Ambrose Ashley and MT. and Mrs. Simon Mccullough.
 Luncheon was served. The guests departed at a late hour, wishing J. Mc- Cullough many happy returns of the day.