Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-01
IIINE HOUSE VOTES TO SUBMIT
FIVE WATERPoWER QUESTIONS
TO JUSTICES SUPREME COURT

wish or the members Of this House
that when We get through we NAV
point with some feeling of nr,de
toward an honorable record at This
session.
Sometimes these lobby gentlemen
are given to little boastiue And 1,
is matter Of fact that the gentle
men to whom I have referred have
on several occasions since this
Legislature met. made the boast that
they held the destiny of this Legts
lature in the palms Of their hands.
As for myself do not know what it
is to be beaten when am fighting a
good cause, and IL there ever was a
good cause this water power oues-
ton is one
Now what Is the test case which these
gentlemen wish to make upon this o.
der have prepared and submitted
five questions under the provision OF
our State Constitution whereby We
have the right to prepare and submit
these questions to our supreme court.
This 10 fundamental right: It Is
night which should only be exercised en-
solemn occasions. This right. in order
that the members Of the House may
thoroughly understand II, 10 right
which rests solely in this House. We
dc not need any concurrent acton OF
the other branch Of the Leg!slatu.e
, and consequently our action this morn
ing is Anal. This privilege is not to be
confused and distorted i. is not to be
tTihed with. and It Is not to De use
without real cause. The first and Sec
ond questions proposed are some what
similar one to tho other. II the State Of
Maine ID ever going TO take any pro-
gressive constructive acton in rexari
20 lis water power development i, will
probably begin by doing something a.
the source OF ali our water powers
that 8. By perhaps creating great stor-
age reservoirs up in the lake regions OF
our state. and l have asked question
OF the supreme court which goes 20 the
very founGa ton OF this ISSUE. I have
asked the supreme court Il the State Of
Name may lawfully go into that de-
veto pment and construction work The
and logically.-if the State of Lalne
may go into the construction and de-
veiopment OF water storage reservoirs
pose AK or some charge IN the nature
OF a tax. upon all those people on the
rivers below VINO thus derive benefits
| from the water stored above them in
he axes of Maine. 1t does not require
great imagination 20 see what Juc.l lc-
ton might be; TO see what Benefits might
accrue 10 the State If these two aucs-
.Ions are answered n the af1rna tive
business proposition would then face
the state OF Maine. and a comparatively
simple one. The State could build great
reservoirs up in the lake region. could
then tax the people below a fair and
reasonable Il 80 that the State would
be assured. not only Of suitable in
| come. but OF j fund with which to
charge of the or,gina. cost of the work
+ These AXES ara the sources OF all our
water power wealth. and I have con-
siste:.[ly maintained since have been
. a member of this House that the rights
Of the people Of Maine n these lakes
are absolutely ina. onabie. All that !
{ seek TO accomplish by these questions "a
70 let the people Of Maine know ST
what their rishtS are AMI how Ear -hev
may legally go. The third and the fourth
questions vary somewhat from he first
and the second. II man sect ions
throughout the State Of Maine IL regis
,atures Of past FEARS nlr" vc'r AVA
these valuable rights n -. ,t.,-s = nj
great ponds OF the state haE. given
away these rights 20 private corporations
without receiving am compensation
therefor. ask. therefore. Of the su-
preme court If, in such cases. the ri~ht
still remains % the state OF Maine TO
Tux those corporations 4 fair price FOR
the benefits received by reason Of their
having been given these privileges il,
cur grea, lake.. You can imagine the
possibilities 'or good K the state Of
Naine vas allowed 20 impose reason
able burden upon his unfailng and
perpetual source OF wealth. 4 small
tax would doubtless provide ample
means for continuing our road work.
for improving our hospitals and Cor do
irg the t,ousan. and one things which
are so sorely needed n this State OF
Maine.
TIE ft.h question is quite a departure
from the others and it varies consider
ably from them. Ninety-five years ago
in 1874 there was a statute passed which
reserved to The people OF the State OF
Maine the best mill site in every town
ship and 800 acres Of land. That vas %
years ago. II 10 not my purpose to put
a cloud upon any man title. do not.
however want cloud upon the title Of
the state OF Maine. If the stat 81
Maine has any such title. and I have
searched. ana others have searched, TO
see whether or not this old statute-this
Old reservation Of So years aSo-has
been repealed or not. II the State still
Owls the best mill -!de n every town
ship and O0 acres IN such township
ccrtain ly this Legislature or the next
Legislature should take some action 70
protect the States rights IN sGch A
valuable privilege. I merely seek 70 ask
the Justices OF our supreme court Is hey
will render their decision upon that
question and thus remove it once AMI
tor a.. rom the arena Of litigation and
dispute.
We have been told time and again.
gentlemen. that the State Of Maine
had no rights in the watt powers in
the State The mos, FEC Z evidence
OF such propaganda IL nat which
has been sown broadcast al over the
State of Maine during the last year
and a half by the sixteen water power
companies who com bined for the pur-
pose Of instructing the people Of
rather what rights they did not have.