Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-07

made public Friday by the Maine Public
Utilities Commission, said to embody
new points for such cases and to estab-
lsh precedent for future matters OF the
! same kind. The decision is dated Oct. J..
signed by BENZ. F. Cleaves, chairman.
and Charles w. Mullen.
The case was that of George B.
! Churchill ct ais VS.. the Winthrop and
Wayne Light and Power Co. The ap-
| pearances were: George B. Churchill for
the petitioners; Leroy T. Carleton for
| the respondent The decision in part the
gst of the decision follows:
| March 81, 1916, George B. Churchill and
ten other citizens of Winthrop filed with
this Commission their complaint against
! winthrop & Wayne Light and Power
Company, an electric light and power
Utility. alleging a refusal on the part of
| the utility to render service to the COM
! plainants. After proper notice, and proof
of the same, a hearing was held at the
offices of the Commission on May g. 1916
George B. Churchill represented himself
and his associates, and the respondent
was represented by his counsel, Hon. l..
: T. Carleton.
The company is authorized to furnish
electric current for light and power Il
| Winthrop. Monmouth and Readtield am
, is actually serving about 400 customers.
Its authorized capital stock Is $4,000 anu
| 1t has a bond issue Of $25,Ooo with an as
serted physical valuation of about s55.
900 as of the date. of the hearing. 1t ha-
no generating plant but purchases it,
70
at five cents per kilowatt hour. charging
10 cents per kilowatt hour to its lightins
customers and, on a sliding scale, eight
cents down to two cents to it's power GUS
toners, It's distribution line Is very near
30 miles in length. At the hearing John
H. McIlroy, treasurer of the company,
stated that although the company was
not incorporated until 1905, there we're no
books or accounts in existence to show
how much money the stockholders put in.
). the price at which the bonds sold or the
actual operating expenses Gas this term
is understood) for any year The net in
come for the year ending June 80, 1915
was said to be $3.50. No dividend has
ever BEEN paid to stockholders.
The petitioners live in that part of the
Hill" and until recently the line of the
company has not reached a point nearer
than three miles of the Hill SO that these
petitioners have not mad the benefit of
electric current. Some months ago the
company began an extension which vii
pass along highway other than the on,
on which petitioners live but which,
one point. will be within less than tive
miles of their homes and Mr.. church,
had an interview with Mr. McIlroy t
see if an extension of the Hill could
made
They differ as to the exact details
their talk, Mr. McIlroy stating that h.
offer was to make an extension to NJ
Churchill and his neighbors if they woui
guarantee him eight customers to t..
mile. while Mr. Churchill understood t,
offer to call for eight customers in a.!
Mr.. Churchill also states that Mr.. Nc
Troy agreed to make the extension an,
serve Mr. Churchill alone if the latte:
would furnish the poles; MIR. McIlroy's
recollection is that he agreed to make
a portion of the extension now asked or
(but three quarters Of a mile less in dis
tance) if the parties would furnish the
poles.
! This talk, whatever it was, occurred in
the fall of 1915, and during the late win
ter and early spring the residents of
Sturtevant Hill gave a series of enter
tanments in Winthrop with the general
understanding on the part of those at
tending the same that the proceeds there
Of were to be devoted to the purchase of
poles and the erection of the pole line (of
course. not including wire) for ths SER
vice of the residents of the Hill" After
the money had thps been raised. Mr..
Churchill and his associates refused to
use 1t for the purpose above stated and
announced a purpose and intention OF
using the fund for wiring their houses.
Mr.. McIlroy thus states the interview he
had with Mr.. Churchill after the fund had
been collected
HE (ChurchilD came in and said. Look
here, those fellows UP on the Hill say I'M
less they can use their money to wire
their houses they won't do anything
about it, What are YOU going to do
about it,? l said. Nothing, I can't do
anything. You agreed to furnish those
poles. I agreed to go out ] can't 60 up
there on those conditions He left me at
that time. A little later perhaps week,
he came in and wanted to know il l had
changed my mind. l said, 1T isn't for me
to change my mind, it Is for you people
to keep your agreement He said. If
you don't go up there we are going to the
commission l told him that was his
privilege, and left it there"
The Company claimed the foregoing
conduct constitutes a breach of faith and
absolves it from the necessity of making
this extension. On. the other hand, some
, of the, present compliments say they
had no part in giving of these entertain
ments nor the preliminary agreement
preceding them; and that as a matter Of
right they are entitled to have the ex-
tension made. on proper terms. regG rdless
of any agreement to which they were no;
parties.
But. assuming that the agreement was
as above stated. it cannot be seriously
claimed that this Commission has any
control over the fund or its disposition
| We are asked to order this company to
! make an extension to customers living
within it's territory and our authority
so to do, and the necessity. propriety AMI
! duty of the Company to make such ex-
tension, are the only matters before u.s.
The decision then gives at length the