Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-10-01
Com. Ends Dispute
Continued from Pane One)

I Iidiil VI the AdlIIc IIuSuSo IsoNA o'o
, Gravel Co. is not far from the Mon
mouth line, and Mr.. Weber indicat-
ed belief that the Monmouth Elec-
trio Company should be left free to
serve this customer, either through
the charter powers of the Mon
mouth company or those of the Tur-
uer Light and Power Co. Mr. Web
Der was very earnest and very forci-
Bile in the statements which he made
at the hearing. 1t was his stated be-
: lief that this particular territory
I should be left free for one or the
other Of his companies. and that the
! Androscoggin Electric Co. ought not
( to attempt to occupy this territory,
and suggesed that by so doing big
fellow was attempting to crush the
/ life out of "a little fellow
| Mr.. Weber called our attention
/ to the various sections of the statute
: relating to menopolies, and restraint
| Of trade, and to the duty OF the COM
| mission in seeing that all the laws of
| the State we're properly enforced.
The section of the statute which re-
quires the commission to see that
certain laws are enforced must of
necessity relate TO these matters
which have to do with public service
companies and to matters with ref
erence to which no specific mode Of
| procedure is subscribed.
Our attention is called by Mr.
Weber TO Sections 20, 81 and % Of
Chapter 12S of the Revised Statutes
relating to monopolies. If there were
any sufficient evidence before us that
either the Androscoggin Electric
Company or the Central Maine Pow
er Co, which is in substantial con-
troll of the Androscoggin Electric Co.
| was monopoly. it is our belief that
we would even then be without au-
either of these sections. Section 26
points out what is to be regarded as
| monopoly. Section 81 provides a
penalty for an invasion of the law.
Section rs provides a remedy for any
person injured. This of necessity
| makes the answer one for the courts
During the hearing Mr.. Weber
| voiced what we believe is the real
objection which he and his associates
have to the attempt by the Andres
coggin Electric Co.. to render this
| particular service. Mr.. Weber COM
| planned bitterly because the Central
Maine Power Co had thus far re-
Trained from purchasing the Mon
mouth company and the Turner COM
pany from Mr. Weber and his asso-
clates. However desirable or rea.
sonabie II might be for the Central
Name Power Co. to relieve the Nom
mouth company and the Turner COM
panE OF the necessity of attempting
10 DO business IN the somewhat re-
| strlcted held, this commission has no
| present control over the matter and
| no authority to either require or
even advise the Central Maine Pow
| er co. to attempt to make the pu--
chase
We are, faced squarely by the
facts and the law of the case. The
Monmouth Electric Co. has no au-
thority whatever outside of the town
OF Monmouth, and hence under exist
ing conditions would be without
authority to render service to the
Maine Crushed Rock and Gravel Co.
IN the town Of Leeds The Andro-
. scoggln Electric Co. in 1913 obtained
us charter which authorized it to do
business anywhere in Androscoggin
county. subject 10 TIE above quoted
proviso.
our attention has not been called
nor nave we been able to ascertain,
any other company which at the
time OF the taking effect of the chart
er OF the Androscoggin Electric Co.
Z was doing business, or was author
lzed TO do business in the town Of
Leeds. If the Turner Light and
Power Co. has any such authority #
obtained 1t about two years after the
I Legislature had granted its charter
10 the Androscoggin Electric CO. We
I therefore find ourselves in a position
/ where the Legislature has said that
the Androscoggin Electric COMPANY
may 40 business anywhere in the
county OF Androscoggin except in
nose places where under the proviso
II would not be authorized to do BUSH
ness without the consent of a COM
| pany either doing business or auth
lied to do business, in a particular
place. We are not permitted Of
course, TO inquire whether the Legis-
lature meant when it said when
| 1t authorized this company to do
business
The evidence presented TO lis and
our investigation do not indicate
that there was at the time this char.
ter became effective any other COM
pany doing business or authorized
to do business in the town of Leeds.
We are, therefore forced to the con-
ciusion that we have no authority
whatever to prevent the Androscog-
gin Electric Co. from rendering IT'S
service in this town Further than
this we believe that the Maine
Crushed Rock and Gravel CO. would
lave right to compel the Andres
coggin Electric Co. to render this
, service If reasonable terms and rea
sonable rates could be either agreed
upon or provided by the commission.
Leeds is within the territory which
the applicant is bound to serve. The
Maine Crushed Rock and Gravel Co.
has right to that service. and we
are unable to find that the legal
rights of any other company are be-
ing invaded or abridged"