Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-04-07


The first hearing before the board of Alder
men, on the petition of Al Staples and Others
to be allowed to place stationary engine o.
twenty horse power in the old "Waverly
Hall" building on Winthrop street, with the
view to converting the building into shoe
factory, was held on the afternoon Of the Goth
at which time the objects of the petitioners
were quite fully stated The adjourned hear.
ing, to listen to the arguments and views Of
the remonstrants, was held on Saturday after.
noon before the Mayor and the full board OF
Aldermen.
G. G. Vose, Esq, one of the counsel fol-
the petitioners, asked that an amendment be
made in the application, that the engine house
may be erected either in the rear or west OF
the hall.
ARENAS Libbey, Esq, counsel for the re.
monstrants, objected. The petition was
specific in regard to the location of the en-
CINE, as in other things; it has been published
in accordance to law, and if it is now chang
ed, the public has no notice of the change,
and we are acting on new matter. If we can
change the petition in this respect We may in
others.
MIR. Vose desired to call the attention of
the board directly to the matter. The petit
TONERS ask that they may use an engine in
connection with Waverly Hall. If the board
thought that it were better to place the engine
on the west side of the building, he thought
that the statutes gave them that authority.
He thought it was in the province of the board
to determine the position.
Mr.. Libbey replied that the rights of the
public were fully protected by the law. 1t
requires a written application that must spec.
ify what the petitioners asks for, and public no
tice must be given of the tendency of the ap.
plication.
The Mayor remarked that it was his opinion
that the board. after granting an application,
could arrange the details.
Mr.. Libbey then read the remonstrance,
numerously signed by property holders in the
vicinity Of the proposed factory, on the ground
that it would endanger surrounding property,
reduce the value of real estate, and prove an
annoyance and nuisance to persons in that
locality. Mr. Libbey said that he understood
the counsel on the other side to say that the
people in the vicinity could have the factory
abated if it proved nuisance. This is not SO
easily done. He referred to the porgy fac
tory at Boothbay, that decreased the value of
the place, and was offensive to those who re-
sorted there in summer. An application was
made for an injunction, but the owners and
managers Of the factory produced license
| AVIAN shO SCASSbmcu VI 0OOtuOoy ~ ciCCt dHu
maintain the factory, and it was ordered to be
taken out of court, and bill in equity had to
be resorted to. The board of Aldermen have
the authority and power to grant license to
these petitioners, but they cannot revoke it.
By statute that power belongs to the Supreme
Court. When authority is obtained to erect
stationary engine it can be put to any use.
The board are not to determine what it may
be used for. There is a law that every man
has right to use his property for his own
benefit, but not to use it to the injury of his
neighbors, or to the detriment of their prop
erty. The remonstrants do not ask to ipjure
the property of the petitioners. He consid-
cred the nuisance that would be created by the
establishment of the factory there, the hazards
from fire, the annoyance to dwellers, and the
like. If parties desire to erect an establish
ment of this kind is there any necessity for
putting it there? Are we so crampeG for
room that there is no place but in the midst Of
our best dwellings,. The applicant himself
owns lot of old traps that are almost nuis-
ance now, and the time may come when the
authorities of Augusta will have to indct
them. Now he wants to make the old traps
pay, to the detriment of surrounding and val
liable property. The principle invoked here,
in this case, is that the petitioners have no
right to ask this board to grant them rights
that shall infringe upon the comfort and peace
of their neighbors that will result in deteri-
Grating their property. There is room enough
in Augusta, and the proper places for such
manufactures. The remonstrants are not
opposed in any way to the business interests
Of the place.
Several witnesses were called and examined
Col. II. A. Dewitt, W. r. Smith, Esq,
and o. c. Whitehousc, Esq.,-whose testi-
mony was intended to sustain the position of
| the remonstrants. W. r. Smith. Esq, and
Joseph Baker, Esq; both argued against
granting the prayer of the petitioners. Mr..
Smith thought that any member of the board
| would object to having q steam engine put
within ten feet of his front yard
Mr.. j. p. Wyman was called by the appli-
cants and stated that he had made examina-
| ton of Waverly Hall, and had found the bot
| tom sound, and the sleepcrs in the hall OF
white oak.
w. P. Whitehouse, Esq, counsel for ap-
plicants, secuted the idea that the board OF
Aldermen should license u nuisance it is not
| in their power. The people have power in
| law before Grand Jury to abate a nuisance.
He was surprised that the able gentlemen
| representing so many respectable remon-
| strants, had not been able to throw any light
upon this subject. No testimony had been
elected that the engine, if set up, would be a
nuisance. The main objection was to the
vulgar presence of the employees. The OBJ
jections are merely fanciful. This is called a
scheme. Do we forget that these gentlemen
are hazarding all they have in putting their
money into a stock company to push forward
this enterprise? These men are not fools,
and of course will work for their int rests, as
all companies and similar corporations do,
and the place will be benefited incidentally
The objection in this case seems to be not to the
steam engine, but to the workmen. Beyond
State street the hum of industry shall not be
heard-Winthrop street is sacred soil that
must not be invaded by business enterprises.
1t is not so in other places-manufacturing
enterprises are welcomed and encouragement,
given them. The danger from fire will no,
be increased. Winthrop Hall property would
be insured for one-half per cent. less than
now, and the surrounding property on the
same terms as now.
| The case was here closed, and Alderman S.
C. Whitehouse moved that the application OF
the petitioners be indefinitely postponed.
| Alderman Libby remarked that two days
had been spent in the hearing, and the board
were undoubtedly ready to vote on the ques-
ton.
l al ND he