Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-07
WYMAN'S STATEMENT

Aprll T., 1875
His Excellencv, Percival p. Baxter.
Governor of Maine.
Augusta, Maine.
Dear Sir:
The Central Maine Power Company
has always stood four square for
private as against public develop
mcnt Of the natural resources of the
State. and for the doctrine that
neither the State nor any individual
has any rights in the water powers
or storage basins other than the
well recognized riparian rights
which go with and are wholly Deepen
dent upon the ownership of the land
at the site of the dam. This posi-
ton was fully supported in the
answers of the Justices to the ques-
tions propounded by the Legislature
and published in the 11Sth Volume of
the Maine Reports.
The State of Maine is the owner
of two public lots on Long Falls on
the Dead River and these lots contain
the dam site of the storage reservoir
dam proposed in both the kennebec
and the Dead River charters. Be-
cause of it's ownership of this land,
including both banks and the bed of
the stream. the State owns all the
ordinary rights of any riparian pro-
prietor owning a dam and power site
upon any one of our rivers.
The Act incorporating the Dead
River Reservoir Company as drawn,
and assented to by me, representing
our Company, provided for a lease
of the dam site, power privilege and
lands to be flowed by the dam at
rental that would probably not be
excessive as between private parties.
The basis of the rental was that the
major part should be allocated to the
power rights which were leased
under this charter but were not
granted by the kennebec Reservoir
charter. The balance over and above
this power charge was to represent
rental of the storage dam site and
the other State lands flowed by the
dam. The valuable power rights
which formed the basis of this
power lease were not granted under
the kennebec Reservoir charter but
were retained by the State.
At the conference when an at
tempt was made at compromising
with the opponents of the former
measure 1 understood that this rca-
son for and the basis of the rental
was perfectly plain and understood
by all present. Your message, how
ever, conveys to the Legislature and
to the public the idea that the
Central Maine Power Company and
myself assent to the doctrine that
there is some right belonging to the
State in every storage reservoir.
which any developing Company
should pay for. even though the
State owns no land affected thereby.
With this construction upon the
Dead River charter now before the
people, its acceptance by me would
be considered assent to all this
doctrine. Although l believe that tho
charter does not warrant such a
conclusion. cannot allow myself and
the Company which 1 represent to be
placed in the position of apparently
subscribing to the views expressed
in and the impression conveyed by
your message. For this reason
must join with the other proposed
lncorporators in refusing to allow my
name to be used in connection with
the proposed charter for the Dead
River Reservoir Company.
In order that the views expressed
in this letter may he understood by
the public I am giving a copy Of it
to the press.
Respectfully yours
WALTER S. WYMAN