STATE OF MAINE
EXECUTIVE DEPARTMENTAugustaTo the President of the Senate and the Speaker of the House of
January 19, 1939.
Representatives:
I have the honor to transmit to the Eighty-ninth Legislature a communication addressed to me and to your honorable bodies, accompanied by an Act of acceptance of 12,000 acres to be added to the Baxter State Park, by the donor, Honorable Percival P. Baxter.
I respectfully call to your attention the fact that by the action of former Governor Baxter the State of Maine is acquiring a large area of wild forest land to forever be held in trust by the State for state park purposes. In addition to the 12,000 acres herein presented to the State, the State already has accepted 6,000 acres from the same donor. These areas are accepted under the terms of a definite, unbreakable trust, providing that it be for ever held by the State as trustee for the benefit of the people of the State of Maine for state forest, Public Park and public recreational purposes.
A state trust of this character is a solemn obligation and I am confident that the word of the Sovereign State of Maine, once given, will never be broken. I am informed that in the near future 20,000 acres additional to the present gift will be presented to the State of Maine, making a total area for state park purposes of 38,000 acres.
This gift from a distinguished former Governor of Maine is a most commendable one because it will preserve for all time an extensive area of virgin wild land for all our people. The people of Maine should be deeply obligated to former Governor Baxter for his continued interest in the development of this great natural resource of the State and I am confident that present and future generations of Maine people will approve your action in accepting this memorable gift.
Respectfully submitted,
LEWIS 0. BARROWS
Governor.
TWO COMMUNICATIONS AND THE ORDER
To Honorable Lewis 0. Barrow’s, Governor, and the Honorable Senate and House of Representative., of the Eighty-ninth Legislature:
On the 2nd of February, 1933, 1 donated and conveyed to the State of Maine as Trustee in Trust an area of about 6.ooo acres (Mt. Katahdin) in township 3 Range 9 W. E. L S. Piscataquis County and this gift was accepted by the eighty-sixth Legislative Private and Special Laws of Maine 1933 Chapter 3 approved by the Governor February 9, 1933. and the donated area later was named by the said Legislature “BAXTER STATE PARK.”
On November 9, 1938. 1 donated and conveyed to the State as Trustee in Trust a second area of about 6,000 acres being the Northwest one-quarter of Township 5 Range 9 W. E. L. S. Piscataquis County north of Katahdin. and Honorable Waldo N. Seavey, State Forest Commissioner this gift in the name and in behalf of the State of Maine with the approval of Hon. Lewis 0. Barrows, Governor, the Executive Councilors and Hon. Franz U. Burkett, Attorney General, all acting under the provisions of Chapter eleven Sections 15 and 16 Revised Statutes of 1930.
I now desire to donate and convey to the State in Trust a third area of about 6,000 acres being the Southeast one-quarter of said Township 5 Range 9 which if accepted by the State will give the State 18000 acres of wild forest land to be forever held in Trust for State forest, public park and public recreational purposes.
In order that my gifts to the State all shall be accepted by the Senate and House of Representatives as the direct representatives of the People of Maine and that said acceptance shall be approved by the Governor, I have prepared an Act of Acceptance of the two conveyances of the land in Town ship 5 Range 9 that total 12,000 acres and I request your Excellency and your Honorable Bodies to approve and accept this gift and conveyance to the State as Trustee in Trust for the People of Maine.
It long has been my major interest to acquire and donate to the State a large area of wild forest land to be forever held in Trust by the state for the benefit of the people of Maine. Including the land already conveyed to the State by me I have acquired a total of 38,000 acres all of which will be conveyed and donated to the State from time to time as I arrange my personal affairs. Moreover I now am negotiating for other areas of nearby wild forest land which will be added to the acreage already acquired for this Park if I succeed in securing them. Should I die before my plans are completed provision has been made that they be carried out strictly in accordance with my wishes as hearin expressed.
In conveying these lands to the State of Maine a definite Trust is created and I have the utmost confidence that the word of this Sovereign State as given by the Chief Executive and by the representatives of the people never will be broken and that this State never will violate the Trust provisions in the Deeds it accepts from me. I have faith in the integrity of my fellow Citizens and ask them to have faith in me. I now submit this Act of Acceptance to your Excellency and to your Bodies and ask for its passage and approval.
Respectfully,
(Signed) PERCIVAL P. BAXTER.DEEDS OF TRUST
(Excerpts)Portland, MaineTo the Honorable Sumner Sewall, Governor, and the Honorable Senate and House of Representatives of the Ninetieth Legislature:
January 12, 1942You are familiar with my plan to establish a State Park in the forest areas of the Mount Katahdin region, and you and your predecessors from time to time graciously have accepted the gifts of land which I have offered to our State.
I now offer you another area of twelve thousand (12,000) acres the same being the easterly one-half (1/2) of Township four (4) Range nine (9) W. E. L. S., Traveler Town. If you accept this gift the State will have received from me forty-seven thousand (47,000) acres. In addition to this I have acquired and now own sixty-five thousand nine hundred forty-five (65.945) acres which, when succeeding Legislatures are in Session will be donated to the State.
I wish you to understand my reason for making these gifts from time to time, rather than by deeding to the State at one Legislative Session all of my park land.
Some of you will recall that in 1931 shortly after my first gift to the State was completed, an attempt was made to take this land away from the State and transfer it to the National Government.
Naturally I was greatly disturbed by this proposal, and although I could not believe that the State of Maine ever would break the sacred Trust it made with me, a Trust which provides that these lands forever shall be held by the State in Trust for Maine people, I immediately took steps to protect the State’s interest.
After consulting with several of the leading judges and lawyers of our State a definite plan has been adopted under which I am to deed a considerable area to the State at each Legislative Session, each, deed to be ac c in the form of a separate State law carefully worded into a binding awl unbreakable Trust Deed. In this manner a long list of precedents is being established: precedents which, as time passes, will show that eight or ten different Governors and as many Legislatures, by laws duly passed and signed by these Governors, have entered into solemn pacts that create a succession of irrevocable trusts. These trusts, beginning with 193!, are printed in the Laws of Maine, and as each session enacts them they thus become public documents.
He would be a rash individual who in the years to come, even after I have passed away, would seek to take these lands from the State and would attempt to break these Trusts created not by one Governor or one Legislature but by several. While I can successfully oppose any such action; I seek to prevent it after I have gone.
From the above you will understand my plan. When you meet again in 1943 I shall be on hand with another deed, and so on year after year until the park ii finally completed and accepted by the representatives of the people of Maine. It would be far easier for me to donate this land all at one time and I should prefer to do so. However, in order to safeguard this Park for the future, it seems wise to adhere to the plan I have out- lined to you. In case of my decease all my remaining land under my will immediately becomes the property of the State of Maine.
At the present time I am negotiating for additional land to be added to the Park, for ultimately I want this Park to contain at least six (6) complete townships of approximately twenty-four thousand (24,000) acres each.
I now present to you an Act of Acceptance: and request your Excellency and your Honorable Bodies to approve and accept this gift and conveyance to the State as Trustee in Trust for the people of Maine.PERCIVAL PROCTOR BAXTER.
(S. P. 584)
Which was read and placed on flile
GIFTS OF EX-GOVERNOR BAXTER
33 House Record under date f January 13. 1942. By joint order of the Senate—and—House this communication was ordered published in the Laws of Maine and Mr. Smith Dunnack, the Revisor of Statutes, informs me it will be printed in the Laws of Maine for 1943.
It will be recalled that shortly alter I made my first gift of Katahdin land to the State certain persons attempted to take this from the State and transfer it to the National Government. Those responsible (or this pro— posed breach of Trust have since assured me that never again will they seek to break this Trust and that they are content to abide by the Trusts created by the several acts of the Maine Legislature. However, in the future other persons may make a similar attempt and this I seek to guard against.
My plan to create a long line of precedents whereby one Legislature after another accepts my gifts in Trust by laws duly passed and printed in the Laws of Maine for successive years, have been approved by several of the leading judges and lawyers of our State. Under this plan each gift becomes a sacred trust accepted by those who directly represent the people. Each Legislature to protect these Trusts in the years to come erects a barrier similar to the barrier erected by its predecessor, a barrier against a breach of Trust:
Before I finish my work at least ten Maine Legislatures and as many Maine Governors will have placed their seal of approval on my plans and thus they will have made these Trusts absolutely unbreakable. Certainly he is a bold and reckless person who, even after I have deceased attempts to induce this State to violate the Trust provisions created under a long series of Deeds and Acts of Acceptance extending from 1931 almost until 1950.
I have acquired and now own fifty-four thousand (54,000) acres in addition to the fifty-nine thousand (59,000) acres above referred to, making a total of one hundred thirteen thousand (113,000) acres, and each year here-after beginning with I944 I shall continue to deed to the State of Maine certain portions of this fifty-four thousand (54,000) acres until it all has been so transferred. In case of my decease before my work is completed, whatever portion of this fifty-four thousand (54.000) acres has not been given to and accepted by the State will pass under my Will and thus become a part of what by State law is BAXTER STATE PARK.
This Park project has become my life work and before it is completed I hope to secure an additional thirty-one thousand (31,000) acres which will comprise six entire townships totaling one hundred forty-four thou sand (144,000) acres. To do this requires time and patience for just at present the owners do not care to sell their lands. Even though I may not.............GIFT’S OF EX-GOVERNOR BAXTER
For your information on this point I quote f ruin a message addressed by me to the Governor and Maine Legislature on January 13, 1943. This quotation is printed in the Laws of Maine for1943, page 704, and reads as followS
It will be recalled that shortly alter I made my first gift of Katahdin land to the State certain persons attempted to take this from the State and transfer it to the National Government. Those responsible (or this pro— posed breach of Trust have since assured me that never again will they seek to break this Trust and that they are content to abide by the Trusts created by the several acts of the Maine Legislature. However, in the future other persons may make a similar attempt and this I seek to guard against.
My plan to create a long line of precedents whereby one Legislature after another accepts my gifts in Trust by laws duly passed and printed in the Laws of Maine for successive years, have been approved by several of the leading judges and lawyers of our State. Under this plan each gift becomes a sacred trust accepted by those who directly represent the people.Each Legislature to protect these Trusts in the years to come erects a barrier similar to the barrier erected by its predecessor, a barrier against a breach of Trust:
Before I finish my work at least ten Maine Legislatures and as many Maine Governors will have placed their seal of approval on my plans and thus they will have made these Trusts absolutely unbreakable. <Certainly he is a bold and reckless person who, even after I have deceased attempts to induce this State to violate the Trust provisions created under a long series of Deeds and Acts of Acceptance extending from 1931 almost until 1950.>
Now that nine separate Legislative Acts as well as two Forest Commissioners have accepted these gifts I feel that a barrier sufficiently strong against any each of trust and against any encroachment by designing persons has been erected to protect this State Park for all time. This being so I am to-day donating to the State all the land I now own in the Katahdin area. These ten additional parcels together with the land already donated constitute one area, unbroken by land of intervening owners except for one outstanding undivided interest of six thousand seventeen (6,017) acres.
In the Deed to the State that accompanies this message you will notice that on one area of two thousand five hundred sixty (2,560) acres in town-ship three (3) range nine (9) the former owner Harry F. Ross of Bangor, who sold to me, has the right to remove the timber up to the thirteenth (13th) day of February 1946 and not thereafter. In the same to three (3) range nine (9) another former owner the Great Northern Paper Company may remove the timber from one thousand nine hundred twenty...................
AN ACT Providing for the Maintenance of the Road Leading to Baxter
State Park.Emergency preamble. Whereas, former Governor Baxter has given a large area of land to the state of Maine; and
Whereas, there is only one road leading t State Park; and
Whereas, the road leading to said park will be in need of immediate repair after the spring rains; and
Whereas, if this maintenance is not provided for immediately, the road will opt he passable and the and use of Governor Baxter’s gift will be depreciated; and
Whereas, in the judgment of the .legislature these facts create an emergency within the meaning of section 16 of Article XXXI of the constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, there-fore,
Be it enacted by the People of the State of Maine, as follows:
Maintenance of road to Baxter state park provided for. The state high-way commission is hereby authorized and directed to expend on the unimproved portion of the Baxter State Park road, so called, as much as shall be deemed necessary for its maintenance, but not to exceed $2,500 per year. Those portions, however, for which state aid may be available are excepted from the provisions of this act.
Emergency clause. In view of the emergency cited in the preamble, this act shall take effect when approved.
Effective April 8, 1943
GIFTS OF EX-GOVERNOR BAXTER
all of Maine will became a sanctuary for the beasts and birds of the forest and field and when cruelty to the humbler orders of life no longer stalks the land.
Everything in connection with the Park must be left simple and natural and must remain as nearly as possible as it was when only the Indians and the animals roamed at will through these areas. I want it made available to persons of moderate means who with their boys and girls, with their packs of bedding and food, can tramp through the woods, cook a steak and make fiapjacks by the lakes and brooks. Every section of this area is beautiful each in its own way. I do not want it locked up and made inaccessible; I want it used to the fullest extent but in the right unspoiled way.When the Park was first begun I was not the owner of a single acre of land and to bring the Park to its present state has required more than twenty-five years of effort. It has been an interesting experience however and future generations no doubt will approve what has been done.
Human life is both short and uncertain. This being so I wish to have this Park completed during my lifetime, in so far as I am able. When the land is accepted by the State during my life time I know it is accepted properly and for all time. My executors thereby are spared the details of this work with which they would not be familiar.
After my decease funds will be provided for enlarging the Park and making it more usable and desirable. That can be done without my personal supervision once the foundation is securely laid. As I have said to Maine Legislatures before, this Park is my life work and I shall continue my interest in it for whatever time I am spared.
Respectfully,
PERCIVAL PROCTOR BAXTER.
Portland, Maine
January 2. 1945.
Be it enacted by the People of the State of Maine, as follows: AN ACT PROVIDING FOR MAINTENANCE OF THE ROAD LEADING TO ROARING BROOK IN BAXTER STATE PARK
Maintenance of road leading to Roaring brook. The state highway com mission is hereby authorized and directed to expend on the unimproved portion of the road which leads from Baxter State Park road via Togue ponds in Township 2, range 9, to its terminus on land of the state at Roaring brook in Township 3, range 9, Piscataquis county, as much as shall be deemed necessary for its maintenance, but not to exceed $1,000 per year. Those portions, however, for which state aid may be available are excepted from the provisions of this act.
Effective July 1, 1945
Deeds of Gift under Section 15/16, Chap. II: Revised Statutes of 1930 as Accepted by the Forest Commissioner and Governor and Council: later Accepted by the Legislatures and Approved by the Governor under Item 2 and Item 3. DEED OF LAND FOR BAXTER STATE PARK
PRIVATE AND SPECIAL, 1947 CHAP. 1
II. Deed dated Oct. 7, 1931 Township 3, Range 9
this 5960 acre tract is the same Book 239 Page 109
tract as in Item 2
12. Deed dated Nov. 9, 1938 Township 5, Range 9
this 5754 acre tract is included in Book 260 Page 388
the larger area in Item 3
and
WHEREAS, the said Baxter now desires to convey and donate to the State of Maine as Trustee to be held by the said State in Trust, an additional area of ten thousand seven hundred forty (10,740) acres in township four (4) range ten (10) W.E.LS. in said County together with the right to cut and carry away the timber and grass front the public lot in said township.
NOW THEREFORE the State of Maine by Act of the Legislature here-by accepts from PERCIVAL PROCTOR BAXTER by Deed of Gift and conveyance the land in township four (4) range ten (10), and the right to cut and carry away the timber and grass on the Public Lot in said township, all as described in the following deed of conveyance, the same to be forever held by said State as TRUSTEE in TRUST for the benefit of the PEOPLE of MAINE, the same forever to be kept by said State in its natural wild state and free from roads or ways for motor vehicles, horse drawn vehicles and other vehicles except as herein stated, the same to be forever held by said State for state forest, public park and public recreational purposes and as a sanctuary for wild beasts and birds, and also forever to be held by said State as TRUSTEE in TRUST subject to the conditions set forth and expressed in the following deed of conveyance:
DEED
KNOW ALL MEN BY THESE PRESENTS that I PERCIVAL PROCTOR B:\XTER of Portland in the county of Cumberland, State of Maine. in consideration of one ($1.00) dollar and other valuable considerations paid by the State of Maine the receipt whereof is hereby acknowledged, and in furtherance of my desire to convey and donate to the State of Maine an extensive area of kind in the Mount Katahdin region to be forever held by said State as TRUSTEE in TRUST for the benefit of the PEOPLE of MAINE do hereby remise, release, sell and forever quit-.............................
Chapter 168
AN ACT Relating to Baxter Park Road.Be it enacted by the People of the State of Maine, as follows:
Sec. I. P. & S. L., 1943, c. 71, amended. Chapter 71 of the private and special laws of 1943 is hereby amended to read as follows:
‘Maintenance of road to Baxter state park provided for. The state high way commission is hereby authorized and directed to expend on the unimproved portion of the Baxter State Park road, so called, as much as shall be deemed necessary for its maintenance, but not to exceed $3,000 per year. Those portions, however, for which state aid may be available are excepted from the provisions of this act.’
Sec. 2. P. & S. L., 1945, c. 92, amended. Chapter 92 of the private and special laws of 1945 is hereby amended to read as follows:
‘Maintenance of road leading to Roaring brook. The state highway commission is hereby authorized and directed to expend on the unimproved portion of the road which leads from Baxter State Park road via Togue ponds in Township 2, range 9, to its terminus on land of the state at Roaring brook in Township 3, range 9, Piscataquis county, as much as shall be deemed necessary for its maintenance, but not to exceed $1,500 per year. Those portions, however, for which state aid may be available are excepted from the provisions of this act.’
Effective August13, 1947
GIFTS OF EX-GOVERNOR BAXTER
(75) acres in this Penobscot County tract which I expect to acquire in the near future, all of the land heretofore a donated to the State of Maine is one unbroken area free from undivided ownerships.
It is fortunate that I was able to acquire for the State these four (4) areas, for we now have a Park with its northeast corner bordering on the East Branch of the Penobscot Riser and on First Grand or Matagamon Lake. Its southwest corner borders on the West Branch of that River. Mount Katahdin, Traveler mountain and the other thirty peaks and mountains in the Park lie between these two branches of this river.
With this communication I am offering the State two (2) Deeds that convey the four (4) areas referred to: one is a Deed from me as an individual and one from me as a Trustee. The Deed from me as Trustee of the six thousand seventeen (6,017) acres in township three (3) range ten (to) conveys to the State land bought by me from the Trustees of a Bangor estate under a Decree of Honorable Raymond Fellows, Justice of our Supreme Judicial Court. This method of acquiring this area was necessary in order to clear away certain legal technicalities.
ROADS IN BAXTER STATE PARK
In my former Deeds of January 2. 1945 and January 8, 1947 as recorded in Chapter I Laws of 1945 and Chapter I Laws of 1947, certain restrictions as to the construction and maintenance of roads within the Park were imposed in the gift. Although I want this area always to be left in “its natural wild state” as provided in all my Deeds to the State, I also want this area accessible to those persons who enjoy the .wilderness and who wish, to go there for rest and recreation. That of corse is my principal reason for creating this Park.
On mature deliberation I now have come to the conclusion that my restrictions as to roads are somewhat too severe. Without proper access roads the number of persons who would enjoy the park would be limited. In view of this I deem it best to allow the existing roads to remain open and to permit the State in State in the years to come to construct such additional roads as may be necessary to accommodate those persons who wish to enjoy the great, unspoiled area that now is the property of our State.
I now present to you an Amended Act of Acceptance together with a Deed, which makes the necessary changes in the former Deeds of Trust that contain the road restrictions herein referred to. In order that there may be some reasonable check in the future on the construction maintenance of roads in the Park it is provided in these Amendments that no roads or ways shall be constructed or maintained that will interfere with or detract from “the natural wild state” of this region. In this, however, I must rely upon the good faith of the State of Maine and am confident that the State will live up to the terms of this TRUST and will not break faith with me.
The other conditions in the two (2) Acts of Acceptance and in the three (3) Deeds which I now present to you are the same as those contained in my former Deeds. I shall be pleased if you will accept these Gifts in the spirit in which they are offered.
Respectful1y,PERCIVAL PROCTOR BAXTER
AN ACT Amending by Mutual Consent of Percival Proctor Baxter and the State of Maine the Two Deeds of Gift of Lands in Piscataquis County One Dated January 2, 1945 and the Other Dated January 8, 1947, Made by Said Percival Proctor Baxter to the State of Maine as Trustee and Accepted by Said State in Trust Under Chapter x Private and Special Laws of Maine 1945 and Under Chapter I Private and Special Laws of Maine 1947 and Accepting the Deeds of Gift of Said Lands as Modified and Amended by Deed of Said Baxter Dated January 3, 1949.PRIVATE AND SPECIAL LAWS 1949 CHAPTER 2
Chapter 2
Be it enacted by the People of the State of Maine, as follows:WHEREAS Percival Proctor Baxter donated and conveyed by Deeds dated January 2, 1945 and January 8, 1947 certain lands in Piscataquis County (Baxter State Park) to the State of Maine IN TRUST for the public purposes as stated in the Acts of Acceptance. Private and Special Laws Chapter I of 1945 and Private and Special Laws Chapter I of 1947, and
WHEREAS said Deeds and Acts of Acceptance contained certain conditions, limitations and restrictions as to roads and ways to be constructed, permitted and maintained in the areas described in both said Acts, and
WHEREAS it now appears to be in the public interest to modify said conditions, limitations and restrictions in order to make more accessible public use and enjoyment the lands so donated and conveyed. and
WHEREAS said Percival Proctor Baxter has duly executed and delivered to the State of Maine a Deed releasing the lands described in the two Deeds from the conditions, limitations and restrictions as to the construction and maintenance of roads and ways on and over said lands, a copy of said Deed being as follows:
DEED OF JANUARY 3, 1949
AMENDING TWO DEEDS OF LAND FOE BAXTER STATEWHEREAS I Percival Proctor Baxter of Portland, Cumberland County, State of Maine donated and conveyed certain lands in Piscataquis County, Maine, known as BAXTER STATE PARK, to the State of Maine IN TRUST for certain public purposes by two (2) Deeds one dated January 2, 1945 and the other January 8. 1947 the same being recorded in Piscataquis County Registry book 283 page 84 and book 289 page 14 respectively, and
WHEREAS said above mentioned Deeds contained certain conditions, limitations and restrictions as to roads and ways being constructed, permitted and maintained within the lands so conveyed and donated to said State as therein stated, to wit:
THE DEED dated January 2, 1945 contains the following conditions, limitations and restrictions:
“that the lumbering road now being constructed by the Eastern Corporation in township five (5) range ten (10) upon the termination on August 7, 1965 of the right of said corporation, to remove the timber on said township, shall he closed and abandoned and shall be allowed to return to its original forest growth;
“no roads or ways for motor vehicles, horse drawn vehicles or other vehicles ever shall he constructed, permitted or maintained upon the said land HEREIN donated and conveyed to the said State by the grantor here in, or upon ANY of the lands in township three (3), four ( and five (5) range nine (9) or townships three (3), four ( five (5) range ten (to) HEREIN or HERETOFORE donated to the State pf Maine by the grantor herein, EXCEPTING
“the Millinocket-Sourdnahunk road so called as now constructed as a single track graveled surface road with frequent turn-outs, which passes through townships three (3) range ten (10) and four (4) range ten (10) and EXCEPTING
“that short portion of the road on the land herein deeded to said State in township three (3) range nine (9) which road extends from Togue Ponds in township two (2) range nine (9) to its terminus on the land of the State at Roaring Brook in township three (3) range nine (9) all as above defined”.
THE DEED dated JANUARY 8, 1947 contains the following conditions, limitations and restrictions:
“that no roads or ways for motor vehicles, horse drawn vehicles or other vehicles ever shall be constructed, permitted or maintained upon the land herein donated and conveyed to said State by the grantor herein excepting the Millinocket-Sourdnahunk Tote Road so called as now constructed as a single tract graveled surfaced road with frequent turn-outs, which said Tote Road now passes through the southwesterly section of said township four ( range ten (to), beginning at the northerly line of township three (3) range ten (to) and extending northerly to Sourdnahunk Field or Pasture and thence extending westerly across Sourdnahunk Stream to the easterly line of township four ( range eleven ( where it connects with the Ripogenus Road”:WHEREFORE it now appears to be in the public interest and for the benefit of the people of the State of Maine, to whom these several gifts were made and whose benefit the Trusts in said Deeds are created, that the abovee mentioned restrictions, limitations and conditions as to roads and ways in each of said Deeds, as enumerated herein, be removed and cancelled,
NOW THEREFORE in consideration of one ($1.00) dollar and other valuable considerations paid by the State of Maine to me. t PERCIVAL PROCTOR BAXTER hereby release and relieve the State of Maine as Trustee for the benefit of the People of the State of Maine from each and all of the above mentioned conditions, limitations and restrictions as to roads and ways made in said deeds of January 2, 1943 and January 8, 1947, and
I HEREBY AUTHORIZE AND EMPOWER the said State of Maine as said Trustee to construct and maintain within the areas described in said Deeds dated January 2, 1945 and January 8, 1947 and also within the other areas of land heretofore donated to the State of Maine IN TRUST by said Baxter and known as BAXTER STATE PARK, such roads and ways as said State as such Trustee shall deem to be in the public interest and for the proper use and enjoyment of those citizens of said State who may visit the area known as BAXTER STATE PARK. subject however to the conditions, limitations and restrictions that said roads and ways be constructed and maintained in a manner not to interfere with the natural wild State now existing in said areas,
AND I the said PERCIVAL PROCTOR BAXTER hereby ratify and confirm the conveyance of said lands described in said within mentioned Deeds of Trust of 1945 and 1947 but with the conditions, limitations and restrictions as to the building and maintenance of roads and ways removed and cancelled from said Deeds as specified herein, but all the other, terms, conditions, limitations, restrictions and Trusts in said Deeds of 1945 and 1947 shall remain in full force and effect.
IN WITNESS WHEREOF I the said PERCIVAL PROCTOR BAXTER being unmarried have hereunto set my hand and affixed my seal this third day of January one thousand nine hundred forty-nine.
In the presence of Seal
ALICE M. GURNEY
PERCIVAL PROCTOR BAXTER
State of Maine:
Cumberland: SS Portland, January 3, ‘949
Personally appeared the above named PERCIVAL PROCTOR BAXTER and acknowledged the above instrument to be his free act and deed.
Before me
CHARLES J. NICHOLS
Seal Notary Public
Now by mutual consent between said Percival Proctor Baxter and said State of Maine the said Deeds and Acts of Acceptance of 1945 and 1947 are hereby amended by repealing from the said Deeds and Acts of Accept the. several conditions limitations and restrictions as to roads and ways that appear in the lines and paragraphs as follows:
From CHAPTER , PRIVATE AND SPECIAL LAWS OF 1945 the following words beginning on page 524 line 35 “and free from roads or ways for motor vehicles, horse drawn vehicles and other vehicles except as herein stated”, also front said Chapter I Private and Special Laws of 1945 the following four (4) paragraphs beginning on page 529 line 22 and the same four (4) paragraphs beginning on page 535 line 13—”(3) that the lumbering road now being constructed by the Eastern Corporation in township five (5) range ten (10) upon the termination on August 7, 1965 of the right of said corporation to remove the timber on said township, shall be closed and abandoned and shall be allowed to return to its original forest growth;
“(4) that no roads or ways for motor vehicles, horse drawn vehicles or other vehicles ever shall be constructed, permitted or maintained upon the land HEREIN donated and conveyed to the said State by the grantor here in, or upon Any of the lands in townships three (3), four (4) and five (5) range nine (9) or in townships three (3), four (4) and five (5) range ten (10) Herein or Heretofore donated to the State of Maine by the grantor herein, EXCEPTING“A—the Millinocket-Sourdnahunk road so called as now constructed as a single track graveled surface road with frequent turnouts, which passes through townships three (3) range ten (to) and four (4) range ten (10) and EXCEPTING
“B—that short portion of the road on the land herein deeded to said State in township three (3) range nine (9) which road extends from Togue Ponds in township two (2) range nine (9) to its terminus on the land of the State at Roaring Brook in township three (3) range nine (9) all as above defined, and EXCEPTING”
From CHAPTER I PRIVATE AND SPECIAL LAWS OF 1947 the following words beginning on page 561 line 25 “and free from roads or ways for motor vehicles, horse drawn vehicles and other vehicles except as herein stated”, and also from said Chapter I Private and Special Laws of 1947 the paragraph beginning on page 363 line 22“(5) that no roads or ways for motor vehicles, horse drawn vehicles or other vehicles ever shall be constructed, permitted or maintained upon they land herein donated and conveyed to said State by the grantor herein excepting the Millinocket-Sourdnahunk Tote Road so called as now constructed as a single track graveled surfaced road with frequent turn-outs, which said tote road now passes through the southwesterly section of said township four (4) range ten (10) beginning at the northerly line of town ship three (3), range ten (10) and extending northerly to Sourdnahunk Field or Pasture and thence extending westerly across Sourdnahunk Stream to the easterly line of township four (4) range eleven (11)where it connects with the Ripogenus Road”,
NOW THEREFORE the State of Maine be and is hereby empowered to construct and maintain within the areas described in said Deeds dated January 2, 1945 and January 8, 1947 and also within the other areas of land heretofore donated to the State IN TRUST by said Baxter and known as Baxter State Park, such roads and ways as said State as such Trustee shall deem to be in the public interest and for the proper use and enjoyment of those citizens of said State who may visit the area known as BAXTER STATE PARK subject however to the conditions, limitations and restrictions that said roads and ways be constructed and maintained n a manner not to interfere with the natural wild state now existing in said areas; and
NOW THEREFORE the State of Maine by Act of the Legislature HEREBY ACCEPTS from Percival Proctor Baxter by Deed of Gift and conveyance the land described in the within mentioned Deeds of January 2, 1945 and January 8, I947 subject to the conditions, limitations and restrictions as to the building and maintenance of roads and ways as modified and amended by the within Deed of January 3, 1949, the said last mentioned Deed hereby being accepted by said State and being made a part of this Act of Amendment and Acceptance.
Effective August 6, 1949RESOLVES 19 CHAPTER 1
RESOLVE for the Development and Improvement of Baxter State Park.
Baxter State Park; development and improvement of. Resolved: That there be, and hereby is, appropriated from the unappropriated surplus of the general fund the sum of $12,000 for the fiscal year ending June 30, 1950 and the sum of $13,000 for the fiscal ye June 30, 1951, for the purpose of expanding and improving the recreational facilities of said park in the “Roaring Brook” area at the south end of said park and the “Trout Brook” area at the north end of the park, including the purchase of equipment necessary for camp ground operation and fire patrol. Said development, improvement and purchase of equipment for the aforesaid purposes shall be carried out under the direction of the Baxter State Park Authority. This appropriation is for capital expenditure and not of a. recurring nature, and any unexpended balances shall not lapse, but shall remain a continuous carrying account until the purposes of this resolve have been accomplished.
Effective August 6, 1949Chapter 158
AN ACT Providing for Bridges and Culverts on Certain Roads.Be it enacted by the People of the State of Maine, as follows:
Construction and repair of bridges and culverts on certain roads. The state highway commission is hereby authorized and directed to expend the sum of $15,000 annually for the construction id repair of bridges and culverts on the unimproved portion of the Baxter State Park road, so called from Millinocket lake to Sourdnahunk field, and the Roaring Brook road, so called, which leads from the Togue Pond Forks to Roaring brook. Those portions, however, for which state aid may be available are excepted from the provisions of this, act.
August 6, 1949March seventeenth COMMUNICATION
1955
To the Honorable Edmund S. Muskie, Governor
and the Honorable Senate and House of Representatives
of the 97th Legislature of the State of Maine.
Since my communication of January 11th last in which I offered to donate to the State certain forest lands in Piscataquis and Penobscot Counties, which you graciously accepted, I have acquired additional acreage and now offer you 3,569 acres in township six (6) range nine (9) Piscataquis County. This gift if you accept it will complete the State’s ownership of this township and Baxter State Park will contain slightly in excess of seven (7) entire wild land townships or 168,350 acres. This has been accomplished over the period of thirty years since I left the Governorship.I now wish to testify to the fine public spirit of the corporations, trustees and other land owners centered in Bangor who have entered into the spirit of my project and by the sale of their lands have made possible this Park..
In offering this gift I provide that the land forever shall be held by the State IN TRUST for State Forest. Public Park and Public Recreational Purposes and shall be named BAXTER STATE PARK. I do ,I do not, however provide that hunting be prohibited as in several of my former gifts, because I find that many citizens who live in Northern Maine depend for their livelihood largely upon the business that hunters bring them.This 3,500 area will be available both for recreation and fore scientific forestry management and can be made to produce a continuing crop of timber to be harvested and sold as potatoes or any other product of the soil.
It long has been my purpose to create in our forests a large area wherein the State may practice the most modern methods of forest control, reforestation and production under the management of our able Forest Commissioner Mr.Nutting and his associates. This new 3,569 acres is an excellent location for this purpose.
In my travels in foreign lands I have seen beautiful great forests that for centuries have been producing a crop of wood without depletion. In Sweden, Norway, Finland. Germany, Chile, Russia and elsewhere what has been done by scientifically controlled forestry can be done in Maine. I now make it possible for the State to try a major experiment here at home, an experiment that can mean much for our future timber supply, which all admit is the chief natural resource of our State.In the lobby between the Senate a and the Hall of Representatives I have placed a colored map showing Baxter Park in three colors. These three colored areas comprise the entire Park. Fishing is allowed throughout the Park but in the red portion hunting is prohibited. In the blue and orange areas hunting is allowed. The new orange area of 3,569 acres is where I suggest that scientific forestry be practiced by the State.
When you inspect this map it will be difficult for you to visualize how this has been accomplished, how my numerous purchases have been brought together into one solid area. I myself can hardly realize it. A map showing the different acquisitions both small and large over the years would remind you of your grandmother’s patchwork quilt, which finally in some mysterious way came out of the confusion into one large piece.’
The Park now is complete except for one additional township which I would like to acquire in order to square the lines. It is doubtful if this can be purchased.
With your acceptance of this gift of 3,569 acres I feel that my life work in creating this Park has been brought to a happy conclusion.
The creation of this Park has been an enlightening experience. The generous approval given my efforts by the present Governor and by the Ninety-seventh Legislature as well as by former Governors and Legislatures has touched my heart.
To close I give you a few words of my own that express the spirit of this Park project.MAN IS BORN TO DIE
HIS WORKS ARE SHORT-LIVED
BUILDINGS CRUMBLE. MONUMENTS DECAY. WEALTH VANISHES BUT KATAHDIN IN ALL ITS GLORY
FOREVER SHALL REMAIN THE MOUNTAIN OF THE PEOPLE OF MAINE.
Respectfully
(Signed) PERCIVAL PROCTOR BAXTERCOMMUNICATION
ORDER
March 22, 1955
ORDERED, the House concurring, in order that the records of the Gifts by Percival Proctor Baxter to the State of Maine as Trustee in Trust of three sand five hundred sixty-nine (3,569) acres in township six (6) range nine (9) in Piscataquis County, State of Maine be complete and in eduring from the Communication dated March 17th, 1955, addressed by said Baxter to the Honorable Edmund S. Muskie, Governor, and to the Honorable Senate and House of Representatives of the Ninety-seventh Legislature, together with the Message of Governor Edmund S. Muskie transmitting the said Communication to this Legislature be printed in the Laws of Maine for 1955.
(S. P. 495)
Butler, Franklin
IN SENATE CHAMBER HOUSE OF REPRESENTATIVES
March 22, 1955 Read and passed
Read and passed March 22, 1955
Sent down for concurrance In concurrance
CHESTER T. WINSLOW, Secretary HARVEY R. PEASE, ClerkCOMMUNICATION
STATE OF MAINE
OFFICE OF THE GOVERNOR
AUGUSTA
May 6. 2955
The Honorable President
The Honorable Speaker of the House
Ninety-seventh LegislatureGentlemen:
I consider it a privilege to transmit, herewith, a letter from the Honorable Percival P. Baxter of Portland in which he offers an additional 25,025 acres of land in the Baxter State Park for public purposes.Mr. Baxter, has, again thoughtfully imposed no hunting restrictions within this latest gift.
Mr. Baxter, continuing the far-sighted policy proposed in his March 23rd gift, is desirous that this new grant be devoted to scientific forestry research. He points out that action today in conserving our forests will be all important to the generations who follow us. I heartily support this wise course.
I submit Mr. Baxter’s generous offer and the accompanying legislation to your serious consideration as being in the public interest.
Respectfully yours,
(Signed EDMUND S. MUSKIE
(S. P. 576)
IN SENATE CHAMBER HOUSE OF REPRESENTAT1VES
Read and placed on file Read and placed on file
May 6, 1955 May 6, 1955
Sent down for concurrence In concurrence
CHESTER T. WINSLOW, Secretary HARVEY R. PEASE. Clerk
COMMUNICATION
Portland, Maine
May second
1955To the
Honorable Edmund S. Muskie, Governor
And the
Honorable Senate and House of Representatives
of the 97th Legislature of the State of MaineIt is with some hesitation that I come to you third time during the present Legislative Session to offer an additional gift of forest land to be added to Baxter State Park. Notwithstanding this I ask your patience and your friendly consideration.
A few weeks ago you graciously accepted my gifts of fifteen thousand twenty (50,020) acres and of three thousand five hundred sixty-nine (3,569) acres in township six (6) range nine (9) Piscataquis County. Little did I realize that in a few short weeks another township, township six (6) range ten (10), would become my property. This is now offered to you. It contains twenty-five thousand twenty-five (25,025) acres and its acquisition by the State will increase the Park is one hundred ninety-three thousand two hundred fifty-four (193,254) acres, or three hundred and two (302) square miles the same being eight (8) entire townships and a portion of a ninth township on the shore of Matagamon Lake.
The terms of this gift are identical with those of the three thousand five hundred sixty-nine (3,569) acre gift; Public Park, Public Forest. Public Recreational and Scientific Forestry Purposes and Reforestation. I want this township to become a show place for those interested in forestry, a place where a continuing timber crop can be cultivated, harvested and sold; where reforestation and scientific’ cutting will be employed; an example and an inspiration to others. What is done in our forests today will help or harm the generations who follow us.
This township six (6) range ten (10) is what is termed by woodsmen “good growing land”, an area with an abundance of wild life, especially moose. Fishing and hunting will be allowed under the general Fish and Game Laws of the State.As the curtain falls on this Legislative Session and its books are being closed I leave with you a message which I am sure expresses your sentiments as w as fume,
WE ALL LOVE THE STATE OF MAINE
HER FAIR LAND AND FINE PEOPLE
HER MOUNTAINS AND FORESTS
VITH THE BEASTS AND BIRDS THEREIN
HER RUGGED SHORES AND CLEAR WATERS.
GOD HAS CONFERRED UPON US THESE BLESSINGS
FOR WHICH WE EVER SHOULD BE THANKFUL
Respectfully
s/ PERCIVAL PROCTOR BAXTERIN SENATE CHAMBER HOUSE OF REPRESENTATIVES
Read and placed on file Read Read and placed on file
May 6, 1955 May 6, 1955
Sent down for concurrance In concurrance
CHESTER T. WINSLOW, Secretary HARVEY R. PEASE, ClarkChapter 186
AN ACT Providing for Maintenance of Certain Roads in Baxter State Park.
Be it enacted by the People of the State of Maine, as follows:
Sec. I. Maintenance of certain roads in Baxter State Park. The State Highway Commission is hereby authorized and directed to expend on the unimproved portion of Baxter State Park road, so called, commencing at or near Millinocket Lake and extending to Sourdnahunk Field. and the unimproved portion of the road which leads from Baxter State Park road via Togue Ponds in Township 2, range 9, to its terminus on land of the State at Roaring brook in Township 3, range 9, Piscataquis County, and the unimproved portion of the road which be begins at Sourdnahunk Field. 5, R 10, Piscataquis County; thence to Sourdnahunk Lake. T. 4. R. 10; thence to Dwellv Pond and McCarthy’s. which is located on the south branch of Trout Brook; thence to the end of the designated state aid road in T. 6, R. 8, Penobscot County, also the road from the last mentioned road to South Branch Lake in Township 5. Range 9 as much as shall be deemed necessary for their maintenance, including bridges and culverts, but not to exceed $30,000 per year. Those portions, however, for which state aid may be avail able are excepted from the provisions of this act.
Sec. 2. P. & S. L., 1943, c.71; P. & S. L., 1945, C. 92; P. & S. L., 1949, C. 158 and P. & S. L., 1953, c. 93, repealed. Chapter 71 of the private and special laws of 1943, as amended by section I of chapter 168 of the private and special laws of 1947: chapter 92 of the private and special laws of 1945, as amended by Section 2 of chapter 168 of the private and special laws of 1947; chapter 158 of the private and special laws of 1949 and chapter 93 of the private and special laws of 1933, are hereby repealed.
Effective August 20, 1955
TRUST DEED INTERPRETED
PRIVATE AND SPECIAL, 1955 CHAP. 2
Chapter 2AN ACT Interpreting the Trust Deed of Percival Proctor Baxter to State of Maine January 12, 1954 (Piscataquis Registry Book 309 Page 86) and Interpreting the Phrases “Natural Wild State” and “Sanctuary for Wild Beasts and Birds” in Deeds from Said Baxter to Said State of Maine.
Be it enacted by the People of the State of Maine,-as follows:
WHEREAS in the Deed and Conveyance IN TRUST of a certain area of land in township six (6) range nine (9) Piscataquis County dated January 12, 1954 (Piscataquis Registry book 309 page 86) the State of Maine as Grantee assumed a duty “to convey to the Bangor Hydro Electric Company its successors and assigns by a metes and bounds description the sites selected for such purposes as are set forth in the above mentioned deed of the Eastern Corpora- non to the said Bangor Hydro Electric Company dated January 4, 1954 and the said State by the acceptance of this deed agrees to make such conveyance when requested to do so by said Bangor Hydro Electric Company its successors and assigns, and
WHEREAS it was understood at the time of the delivery of said deed that the duty of the said State. to convey to said Bangor Hydra Electric company the said “Sites selected” referred solely and was limited to conveying such ‘sites selected” as lie entirely within the boundaries of the area in township six (6) range nine ( Piscataquis County described in said deed of January 12, 1954;
WHEREAS it is in the public interest to clarify said duty as it was originally understood,
NOW THEREFORE the paragraph in said deed relating to the above mentioned duty of the State of Maine shall be construed as if it contained the words
“FROM THE LAND INCLUDED IN THIS CONVEYANCE THE STATE’S INTEREST IN” after the word “description” in the paragraph outlining the duty of the State, this being the intention of both parties to said deed so that said paragraph shall read as follows:
“The within conveyance to the State of Maine is made expressly subject to the .duty of said State to convey to the Bangor Hydro Electric Company its successors and assigns by a metes and bounds description FROM THE LAND INCLUDED IN 1 CONVEYANCE THE STATE’S INTEREST in the sites selected for such purposes as are set forth in the above mentioned Deed of the Eastern Corporation to the said Bangor Hydro Electric Company dated January 4, 1954, and the said State by the acceptance of this Deed agrees to make such conveyance when requested to do so by said Bangor Hydro Electric Company its successors and assigns.”“NATURAL WILD STATE” and “SANCTUARY FOR WILD BeASTS
AND BIRDS”WHEREAS it is in the public interest to have a correct interpretation of the phrase “natural wild state” and of the phrase “sanctuary for wild beasts and birds” in above mentioned Deed of January 12, 1054 as well as wherever they appear in all the former Deeds and conveyances make to the State by Percival Proctor Baxter relating to Baxter State Park:
NOW THEREFORE it is mutually understood by the Grantor and Grantee in said Park Deeds that the following paragraphs express the intent of the Parties as to the interpretation of said phrases, and the same are accepted as applying to all the said Deeds and Conveyances.
NATURAL WILD STATE
The State of Maine is authorized to clean, protect and restore areas of forest growth damaged by ACTS OF NATURE such as blowdowns, fire, floods, slides, infestation of insects and disease or other damage caused by ACTS OF NATURE in order that the forest growth of the Park may be protected, encouraged and restored.
The state is authorized to build trails and access roads to camp sites to use timber from this area for fire control and firewood and to construct shelters and lean-tos for mountain climbers and other lovers of nature in its wild state.This area is to be maintained primarily as wilderness and recreational purposes are to be regarded as of secondary importance and shall not encroach upon the main objective of this area which is to be “Forever Wild.”
The existing leases of the land and buildings at Kidney Pond. Daiscy Pond and on the shores of the Matagamon Lakes may be continued by and in the discretion of the Baxter State Park Authority.
SANCTUARY FOR WILD BEASTS AND BIRDS
The State is authorized to maintain the proper balance of nature among the different species of wild life: to control predators that may become a menace to others species: to control disease and epidemics of the wildlife of the Park. Such control shall he exercised by the Baxter State Park Authority. The destruction of any specie of wild life shall be carried on exclusively by the Personnel of said Authority and of the Forest and Fish and Game Departments.
All work carried on by the State in connection with the above shall be in accordance with the best forestry and wild life practices and shall be undertaken having in mind that the sole purpose of the donor in creating this Park is to protect the forests and wild life therein as a great wilderness area unspoiled by Man. Nothing shall be done for the purpose of obtaining. Income but should there be incidental income it is to be used solely for the care, operation and protection of this Wilderness area.
IN WITNESS WHEREOF said Percival Proctor Baxter by his signature hereto has indicated his approval subject to the approval of the State of Maine.
Signed in the presence of
ALICE M. GURNEY
PERCIVAL PROCTOR BAXTER (LS)NOW THEREFORE the State of Maine by Act of the Legislature accepts the within interpretations of the above clauses and the sa are to be considered as applying to all the Deeds and Conveyances of Trust heretofore to the State by said Baxter. Whatever action is taken by said State in accordance with these interpretations shall not be considered as a breach of the Trust conditions and restrictions in the said Deeds and Conveyances.
STATE OF MAINE: SS
CUMBERLAND
Portland. December 1, 1954.
Personally appeared the above named Percival Proctor Baxter and acknowledged the within instrument to be his free act and deed.
Before me
ALICE M. GURNEY,
Notary Public.
(Commission expires in 1957)
Effective August 20, 1955CHAPTER 228
AN ACT to Make Allocations from the General Highway Fund for Motor Vehicle Driver Examination Program and for Maintenance of Certain Roads in Baxter State Park.
Emergency preamble. Whereas acts of the Legislature do not become effective until 90 days alter adjournment of the Legislature unless enacted as emergencies; and
Whereas, applicants for motor vehicle driver examinations are now required to wait from 7 to 8 weeks in order to be given an examination due to the excessive backlog of applicants; and
Whereas the quality of the examinations, which have been nationally recognized by the National Safety Council and other highway safety organizations, should not only be preserved but improved in every possible way ; and
Whereas, the following legislation is vitally necessary to maintain a high quality examination with a reasonable waiting period; and
Whereas maintenance of certain roads in Baxter State Park is the responsibility of the State Highway Commission and certain bridges on said roads are in need of construction and repair; and
Whereas in the judgment of the Legislature these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace health and safety; now therefore,
Be it enacted by the People of the State of Maine, as follows:
(Allocation Table)
RESTRICTIONS ON POWERS AND DUTIES OF PARK AUTHORITY
The powers and duties of the Baxter State Park Authority shall not be so constured as to interfere or conflict in any way with the powers and duties of the Maine State Park and Recreation Commission,. Department of Inland Fisheries and Game or the Forestry Department and there duly appointed wardens or rangers, and the enforcement of the inland fisheries and game and forestry laws in respect to Baxter State Park or to the State generally.’
Chapter 157AN ACT Relating to Allocations from the Genera! Highway Fund for Reconstruction of Certain Bridges in Baxter State Park.
.
Emergency preamble. Whereas, Acts of the Legislature do not become. effective until 90 days after adjournment of the Legislature unless enacted as emergencies; andWhereas, maintenance of certain roads in Baxter State Park is the responsiblility of the State Highway Commission and certain bridges on sand roads are in need of construction and repair; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine, as follows:
P. & S. L., 1955, c. 186, § I, amended. Section I of chapter 186 of the private and special laws of 1955, as amended by section 2 of chapter 228 of the private and special laws of 1963, is further amended by adding after the first sentence, 3 new sentences to read as follows:
There is allocated from the Unappropriated General Highway Fund Surplus the following: For fiscal year ending June 30, 1969 the amount of $65,000. This sum will be in addition to the $30,000 per year limitation. Any remaining balance of the $65,000 on June 30, 1969 shall not lapse but shall be transferred for use during the fiscal year ending June 30, 1970.
Emergency clause. In view of the emergency cited in the preamble this Act shall take effect when approved.
Effective July 2, 1969
Chapter 161
AN ACT Providing for Maintenance of Certain Roads in Baxter State Park.
Be it enacted by the People of the State of Maine, as follows:
Sec. I. P. & S. L., 1955, c. I86, § iI. amended. The first sentence of section I of chapter 186 of the private and special laws of 1955 is amended to read as follows:
The State Highway Commission is hereby authorized and directed to expend on the unimproved portion of Baxter State Park road, so called, commencing at or near Millinocket Lake and extending to Sourdnahunk Field, and the unimproved portion of the road which leads from Baxter State Park road via Togue Ponds in Township 2. Range 9, to its terminus on land of the State at Roaring Brook in Township 3. Range 9. Piscataquis County and the uninproved portion of the road which begins at Sourdnahunk Field, T. 4, R. 10. Piscataquis County; thence to Sourdnahunk Lake. T. 5. R10, to; thence to Dwelly Pond and McCarthy’s, which is located on the south branch of Trout Brook; thence to the end of the designated state aid road in T. 6. R. 8, Penobscot County, also the road from the last mentioned road to South Branch Lake in Township 5, Range 9, also the road from the west line of Township 5. Range 10, said west line being a portion of the west boundary of Baxter State Park, to the intersection of said road with the road from Dwelly Pond and McCarthy’s to the end of the designated state aid road in T. 6, R. 8, Penobscot County, as much as shall be deemed necessary for their maintenance, including bridges and culverts but not to exceed e$32,000 per year, some portions of the above described being private roads, open to the public.
Sec. 2. P. & S. L., 1955. C. 186. § 3, additional. Chapter t86 of the private and special laws of 1955. as amended by section 2 of chapter 228 of the private and special laws of 1963, is further amended by adding a new section 3. to read as follows:
Sec. 3. Reconstruction and improvement of certain road. The State Highway Commission is authorized and directed to expend $30,000 to constuct and improve the road, including bridges and culverts, from the west line of Township 5, Range 10 said west line being a portion of the west boundary of Baxter State Park, to the intersection of said road with the road from DweIIy Pond and McCarthys to the end of the designated state aid road 4 in T. 6, R. 8, Penobscot County.
Sec 3. . Appropriation. There is appropriated from the Unapropriated Surplus of the General Highway Fund the sum of $30,000 for the state Highway Commission to carry out the purposes of section 2 of this Act.
Effective October 1, 1969
STATE OF MAINE
IN THE YEAR OF OUR LORD NINETEEN HUNDRED
SEVENTY-THREE
H. P. 1072 — L. D. 1397
AN ACT Relating to Allocations from the General Highway Fund for the Repair of Certain Bridges in Baxter State Park.
Emergency preamble. Whereas. Acts of the Legislature do not become effective until 90 days after adjournment of the Legislature unless enacted as emergencies; and
Whereas, maintenance of certain roads in Baxter State Park is the responsibility of Transportation and certain bridges on said roads are in need of repair; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace health and safety; now, therefore,
Be it enacted by the People of the State of Maine, as follows:
P. & S. L., 1955, c. 186, § I, amended. Section I of chapter 186 of the private and special laws of 1955, as amended by section 2 of chapter 229 of the private and special laws of 1963, and as amended by chapter 157 and section 1 of chapter 161, both of the private and special laws of 1969, is further amended by adding after the first sentence, 3 new sentences to read as follows:
There is allocated from the General Highway Fund the following: For the fiscal year ending June 30, 1973 the amount of $20,000. This sum will be in addition to the $32,000 per year limitation. Any remaining balance of the $20,000 on June 30, 1973 shall not lapse but shall be transferred for use during the fiscal year ending June 30, 1974.
Emergency clause. In view of the emergency cited in the preamble, this Act shall take effect when approved.STATE OF MAINE
IN THE YEAR OF OUR LORD NINETEEN HUNDRED
SEVENTY-FIVE
H. P. 978 — L. D. 1225AN ACT Concerning Certain Allocations from the General Highway Fund
for the Repair of Certain Bridges in Baxter State Park.Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment of the Legislature unless enacted as emergencies; and
Whereas, maintenance of certain roads in Baxter State Park is the responsibility of the Department of Transportation and certain bridges on said roads are in urgent need of repair; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,Be it enacted by the People of the State of Maine, as follows:
P&SL, 1955, c. 186, § I,as last amended by P&SL, 1973, C. 67, is further amended by adding after the first sentence 3 new sentences to read as follows:There is allocated from the General Highway Fund the following: For the fiscal year ending June 30, 1975 the amount of $40,000. This sum will be in addition to the $32,000 per year limitation. Any remaining balance of the $40,000 on June 30, 1975 shall not lapse but shall be transferred for use during the fiscal year ending June 30, 1976. Any costs incurred in addition to the $40,000 provided by this Act shall be provided by the Baxter State Park Authority.
Emergency clause. In view of the emergency cited in the preamble, this Act shall take effect when approved.