Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-05-23
GOVERNOR BAXTER ON WATER
POWERS-AGAiN

columns of space have been devoted
to publishing Governor Baxters re-
iteration of his position respecting
the problem Of water storage in this
State. The only new features we
note are its personal illusions and
his remarks about a special session
of the Legislature. Its logic leads,
II 1t leads anywhere, to a constltu-
tional amendment permitting the
State to develop water storage,
which at present 1t cannot do.
As usual 1t is readable and diverts
the readers fancy in varied direc-
tions. Those who struggle to ar
rive at the starting point find that
for the State either to deed or lease
property it must first acquire that
property. unless it previously owns
it, which only in exceptional in
stances it does, so we learn. We had
hoped that in some Of these COM
munications he would take the trou-
BILE to inform the people just what
the State does own Of this kind of
property.
Now accurate information is es-
pecially necessary for reaching
proper conclusions. Misinformation
will surely lead us nowhere we
would 60. 1t really seems we are
under obligation to call attention to
his statement: 1.-THE people of the
State Of Maine always should keep
in mind that they are the actual
owners of the lakes of Maine and of
the water contained in them"
Will not the natural inference
from that be that the State, today.
has the right to impound that water
and sell it?
But the Supreme Court has rem
dered 4 decision which Enthusiastically
shows that the State does not enjoy
any such a right, and cannot enjoy
such a right unless the Constitution
be changed.
Then If the Constitution be
changed. permitting the State to i'm
pound water. to build storage dams,
1t would naturally follow that unless
1t happened to own the land for the
dam site it would have to acquire
and pay for 1t; that II 1t impounded
and pushed the water back on to
the shores 1t would have to pay the
damages for howage unless it hap
pened to own the shores.
We wish the Governor would tell
the people just how much and
where the State already owns such
property.
This decision Of the court referred
to shows that the State owns control
over the waters of lakes greater than
ten acres in extent for purposes OF
the people Of the State for fishing
fowaing and the like. and owns the
bed of the lake up to low water
mark; that the owner of the shore
the riparian owner owns above low
water mark. But we would suggest
the. readers DESTROYS of information
consult the decisions of the court TO,
themselves.
When 1t comes to deciding or leas-
Ing rights which the State does own
we would prefer the policy of leas-
Ing, all other conditions being equal
There Is no reason we are aware OF
why we shouldn't as sincerely wish
the State to make a goc bargain as
Governor Baxter possibly could wish
But We do not think State owner
ship and management a good thing
for anybody concerned save for the
few who might get some political
plums out of this very thorny bush
Governor Baxter evidently does be-
lieve in State ownership and man.
asement Of water storage, an under
taking which inevitably would in.
volved untold millions of dollars. II
this should come about and any sue
csssor to Governor Bakers dill.
gence, prescience and all that should
undertake to have such state-owned
property properly managed we would
hope he would do better than any
State management has hitherto done
appeal to the popular fancy. for he
10 promising a remedy for corporate
greed, relief from taxation, making
the investor pay the bills, the peo-
pie meanwhile thanking only the
Almighty for having placed the lakes
in Maine. A pleasing picture. in
deed. but Is it fair? Think it over.
Among those to whom the Gov
ernor makes personal allusion is Ar.
thur Gould, who, the Governor says
has achieved success In the Aroos-
took country developing water
power. We are mildly curious tc
know II these properties are paying
any taxes. Is the county Of Aroos-
took or the State of Maine deriving
any income through taxing those
properties? II not. then the Cover
nor would seem to be under obliga-
ton to cali attention to that fact
and to take steps to remedy that
condition. Possibly the Aroostook
people may ask themselves whether
II someone like Arthur Gould had
not done this, If the possibilities had
been left dormant until Governor
Baxter could get the State to take
Them overland then get the State
no develop them-thev would be as
well of as now? Isn't the tax an in
come to the State?
- 1t desirable to have enterprise
develop property values which NAV