Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-04-02


of property and persons within the
State of Maine. no further grants OF
any character will be necessary from
either the International Joint Com
mission the United States of Amer
lea. or the State of Maine, for the
Provincial government to develop
fully, under existing law, the storage
resources within the State of Maine
which will serve this Grand FANS
project.
1t will only be necessary for some
private individual to acquire power
site upon the st. John River or any
of it's tributaries within the State OF
Maine in its lower reaches. Under
the Mill Act, so-called. of the State
of Maine, as now interpreted, every
rivulet and every lake and stream
feeding that dam site is then amend
able TO appropriation and develop
mcnt without regard to the rights OF
any other property owners within
that drainage area. This means that
over four thousand five hundred
square miles of Maine territory would
be servient to the development Of
our neighbors across the line with
cut necessary recognition by them in
any way of the contribution which
we thus make.
1t would be serious dereliction Of
duty not to lay this situation fully
before you at this time. Interests
may very shortly become vested
which would make it impossible for
all time to relieve ourselves from the
situation that would exist.
1t is not necessary for us to take
any "dog in the manger" attitude TO
recognize that the State of Maine IS
entitled to share in the benefits OF
this development in proportion to the
contributions which its resources
make. We are the joint owners with
the Province Of New Brunswick of Il
rich heritage in this great water
shed. 1t should be easily possible to
adjust our interests with due regard
to the rights Of all concerned.
The State of Maine, however, can
not now be unmindful OF the sacri-
fees and struggles and long series OF
| negotiations that gave this great sec
ton to our State. We shall be recre-
ant to the memory of those men of a
century ago II we shall permit Its
chief resource thus negHGenuy to
pass from our hands.
Within the past few years repre-
of the Provincial govern
ment have asserted rights that the
| dam at Chamberlain Lake far with
in the boundaries of Maine shall not
| be maintained, and in the official re-
port of the Provincial engineers to
the Chairman of the Governmental
| Commission investigating this pro-
tect, appears this significant sentence
bearing upon their plans.
| 1.-THE Van Buren, records (relating
to stream flow on the st. John) may
show a still more favorable margin
of safety at such time as the Cham
berlain Lake area is restored to the
Allagash BASIN"
The New Brunswick Power Com
mission chart of this area includes
Chamberlain Lake in the st. John
water shed. At this time the burden
would seem to be upon those who
would now change the course of this
stream although 1t is not clear that
the provisions of the Mill Act may
not give rights even to this extent.
Certainly all the remainder of this
great watershed lies open today to
foreign appropriation and use.
There is now pending before you
a proposal designed to limit the
operation of the Mill Act to a rea-
sonable distance above the site. SO
far as the other great river systems
of Maine are concerned, aside from
the st. CroiX, it is peculiarly a matter
for legislative determination as ia
the predominant public interest in
development of this sort. II is rec
ognized by our Supreme Court that
the original Legislative enactment
did not contemplate storage develop
ments seventy-five or one hundred
miles upstream, but judicial inter
probation and application OF this Act
have carried it to the limit of the
upper reaches of the stream. 1t
seems possible that other interests
are now developing. which are AT
least OF equal importance and might
properly require legislative consider
alton and action, for the acquisition
of property in derogation of other
owners. 1t is easy to say that all
rights Of property within our State
have been acquired subject to this
possible acquisition by other owners
further down the watershed, but il
Is significant that practically all the
great developments in the state OF
Maine have been carried out under
a grant of rights from the Legisla-
ture. Protection of the predominant
public interest has been the only
thing ever sought by anyone interest
ed in the affairs of the State OF
Maine.
Determination of policy upon this
question within the State of Maine is
is peculiarly matter for the legis-
lative department OF our govern
ment. TO that branch it would seem
corporations seeking development
might wisely and properly be asked
to resort.
Protection of the interests of the
entire State, however, in the de-
development Of the great water-shed
of the st. John, is matter with
which we are all alike concerned as
citizens of Maine and to which it
cannot be doubted YOU will address
yourself with an eye single to the
very important concerns that are at
stake.
In my Judgment this Legislature
should before adjournment take &C
ton adequately to protect the val
leys of the Allagash and the st.
John and tributary waters from ex-
ploitation for the sole benefit of in
terests foreign TO our country and
our State. Good neighbors will not
be offended when we. alike with
them. seek to secure the utmost adj
vantage from the development of the
natural resources that lie within our
bounds. This seems to me to mean
that the Mill Act must be modified
at least in it's application to these
streams and possibly this will re-
Ouire for the entire State az we'll to
prevent an unconstitutional discrim-
| ination. Such action would simply
require resort to the Maine Legisla-