Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-22
Estter than q Mustard p1as tier
l[!Elz[lll1i

utes which states that any project
which is not actually carried out
within two years shall lose it's fran
chise. In this proposition that wise
! provision OF our Revised Statutes is
avoided by the log driving PROPOSE
ton because no one can read that
charter and not know that the log
+ driving provisions would be suf-
ficient to carry it within the pro-
visions of the Revised Statutes which
says it shall begin actual business.
| IL it begins to drive any logs upon
| that river It is beginning actual
business and is thus removed from
the provision of the Revised Stat
utes requiring that it shall be carried
out within two years. So we have
not here complied. in this pending
measure which is all we have to con-
slider, with the very clear limitation
which the distinguished editor of the
! Lewiston Journal yesterday laid
down.
One other proposition. He says:
Under our Public Utility Board
/ the reasonable price for power must
be charged and no more. When
profits grow. down ought to come
/ the price. Whenever we find that
! any is IHdhiHS CACtso
| profits in a public utility we have
! the right to demand a hearing and a
lowering Of rates. if the facts be
! found to be in accord with the COM
! plant to that effect"
In the public utility,-and. gentle
I men. this is expressly exempted from
( the provisions of the public utility
/ act. 1t is not public utility. 1t is
| not subject to the provisions of our
! Revised Statutes or to any other
regulation or control by you gentle
men here. or by any regulation that
subsequent Legislatures may impose.
! Therefore YOU are not leaving it
/ within the control of this Leiglature
or the public utilities commission, or
any other body the State may ever
/ create. as to what charges may be
made by this franchise here for the
! exercise of its privileges upon the
kennebec. If the seven individuals
! who are getting this charter We're
obliged to carry it out within two
years, they would be obliged to make
equitable arrangements with the
&. power owners down the stream and
would necessarily come to rcasona bic
terms with them. if the public utili-
ties down the stream using this
| power were seeking to acquire it at
| the lowest possible price they could
But. gentlemen, they are not obliged
to carry it out. They may wait one
year. or five years. or ten years, and
| they may say to the water utilities
down the stream, I'VE will not carry
out this project unless you shall pay
the price which we demand" And
when that price is paid by the public
utilities down that stream as they
might be obliged to pay it if those
gentlemen should demand what is
within their legal power. the public
utilities commission of this State
must use that charge to these public
utilities rs basis for fixing rates to
the people Of this State for the use of
I that power.
I To illustrate: The official report
OF this project shows that this will
develop very great amount of
power at a cost of one-third Of a cent
klloWatt hour to the companies
concerned. if they receive it at cost.
| NOW II the gentlemen who have this
FRANCHISE choose to say that this
power is worth to you down that
stream. to the companies with which
some of them are connected not
only one-third of q cent a llilowatt
, hour but one cent kilowatt hour
ana presume that that is a reason
. able price, for electrical DEVELOPMENT.
reasonable charge for anybody to pay
II you own the thing,-if they
choose to say that the companies
using this water furnished by our
grant shall pay at the rate of a cent
kilowatt hour. it means that in
steao or 1t costing the power owners
down the stream 100000 a year it
j wOllld fhcr,,
treblinG the cost of the>development.
100000 that the public utilities
down the stream might legally be
ooilged to pay for the exercise of
! thls franchise by the private individ-
uals TO whom you are giving it. And
the minute that such an agreement is
entered into. the minute that any
publlc utility down that stream paws
10 these franchise owners $500, 600. or
any other sum. year in excess of
what is fair because of the deyelop-
ments, that minute the public utili-
ties commission of this State must
recosnize that as a reasonable basis
Tor determining their charges, be-
! cause they cannot look into the
fairness or the equity of that con-
/ tract with private individuals who
control these rights. 1t is no more
sunJect to examination by the public
utiNties commission than 1t would be
II the people should buy coal A.
! Whatever price they were OBLIGED 70
! pay. There is not one yestire of
control on what that contract shall
De between the public utilities down
, tne stream and the people who own
tms franchise right. True. thex NAV
J use 1t in the. interest of the neonle
| true also. they may not use. it. and
| u tney are desireus. are sincere and
! devoted to the public interests. whv
| were they not willing to have the
same restriction and regulation as TO
the operation of public utilities that
every other company of this sort
must obligate, itself under?
Ihese are the reasons why I can
not feel that those who sincerely
f; believe in private development of our
natural resources can endorse this
charter, which is the only thing
| day.
| First. because 1t is an evasion Of
| the constitutional provisions as de-
| fined and laid Down by the Supreme
| Court.
/ Second. because there is no restric-
| ton as to when or how this shall be
| exercised. And
Third. because you are not retain.
| ing within the State the power in
| any way to regulate what this shall
! ultimately cost the people of this
State in the benefits accruing there
from.
Mr.. HINcKLEY of Cumberland.
y Mr.. President. quote from the
! message delivered yesterday by the
Governor. these words:
Il am astonishedythat scarcely A