Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-04-17
ATGrsTA. April Is. 49,.
L. q. NICkERY. :

ArGrsTA, April Is, 1879.
70 p. o. vickery Esq. Sec'y of the Board
of Over>ecrs of the Poor. OF Augusta,
Dear Sir:-In reply to your communica.
ton of the 18th inst, beg leave to make the
following answer:
The Public Laws of Maine, 1921, &. l24
sect. and ., are as follows:
'Sect |. Any town may erect or provide
Il workhouse for the employment and support
of persons of the follow ing description. that is
to say: All poor and INDECENT persons, that
are maintained by or receive aims from the
town; all persons who being able of body
and not having estate or means otherwise to
maintain themselves. refuse or neglect to
work; all persons who live dissolutc and
vagrant life. and exercise no ordinary calling
or lawful business. sufficient to gain an hon
est livelihood; and all such persons as spend
their time and property IN public houses, to
the neglect Of their proper business, or by
otherwise mi>spending what they earn to the
impoycri>hment of themselves and their Am
lilies. are likely to become paupers.
Sect. = Every town having a workhousc.
may. at its annual meeting. choose three. five
seven or more, oversecrs of such workhouse,
who shall have the inspection and govern
mcnt thereof, wth power 10 appoint a master
and ncedtul assistants, for the more immedi.
ate care and superintendent of the persons
received or employed therein
This statute was in force in 1884. Ii has
been often held by the courts that towns have
no powers except such are conferred upon
them by statute. Acting under authority of
the statute above given, the town Of Augusta
in 1884 purchased the property upon which
the Aims House IS situated, and commenced
to use it for the purposes authorized by law
: n -
that year.
the above sections were re-enacted See chap.
-, sect. and ,. Revised Statutes, 1910.
In 1919 the city Of Augusta was incorpor-
ated by an act approved July 20, 1919. Nei-
thcr said city charter, nor any act amondato-
~ thereto, contains any section amending, re-
strictng. or in any way referring to the sec
/ tons above given. Section of the city char
/ ter provides that the city of Augusta las such,
shall have, exercise and enjoy all the rights
immuntics, powers. privileges and franchis-
es. and he subject to all the duties and obi
cations now appcraining to, or incumbent
upon said town as a municipal corporation, or
appcrtaning to or incumbent upon the inhab-
itants or sclcctmen thereof" This would
leave the status of 1871 still in force and as
binding upon the city AS It was upon the tow n
of Augusta.
In 1857. when the statutes were again re-
vised, the statute of 1921 was again re-enact-
ed. See oh. n. sect. and =, Revised Stat
utes of 1857 Al the third revision, in 1871.
the statute of 1921 was again re-enacted.
See ch. n. sect. | and ?, Revised Statutes OF
! 1871. 1t follows that said statute is still in
force and binding upon the City of Augusta.
No City ordinance has been passed or is
now in force. regulating the appointment Of
the Superintendent 1t is not an office created
by any ordinance or clause in the City char
ter. His appointment must be regulated by
the statutes IT tho State Further, by sect.
4. clause XVII, ch. !. Il, II, Of 1871, "tht
word town includes cities, unless others lsp
expressed or implied
1t will be noticed bv sect 2 of the statute
of 1921. that each board of ovcrsecrs, annu-
ally chosen. shall have the power to appoint
master of such houss. The Board of Over
secrs for 1873 exercised that power by sa-
pointing Mr. Wnldron in 1873. Ry the yer,
terms Of the statute his torn would ceas,
when the Board OF Dycrseers for 1910 SHOULD
be chosen. DARN! the interim, when the
Old Board Cor 1873 were holding over. they
could not exercise the right of appointment
for any length of time that might extend he
vond their term of office. As soon rs the
Board for 1879 was chosen, its members hat
the power of appointment. Any appointment
by the Board for 1879 would. by the deed it
self remove the old incumbent without an,
vote to that ettect. The Board chosen fo
1879, exercised the right of appointment
given them by the statutes of 1871 as re
enacted in X. ), of 1871, by appointing Mr.
Turner. His appointment was strictly legal
The Board Of 1873 had no authority Il
contract with Mr.. Waidron for the comm,
year. Having exceeded their authority, tn.
contract was Illegal and not binding upon tn,
city.
Respectfully submitted.
HERRERr NJ. HEATH.
City Solicitor.