The Portland daily press., 1885-12-05
The cundy's Harbor School House


To the Editor of the Press:
Permit one of your Harpswen subscribers to
correct some misstatements in regard to the Cum
dys Harbor school house. District No. 10, in that
town.
The facts are briefly these: The inhabitants Of
the district at legal meeting unanimously voted
to build new school house, to locate it at CEN
tral point for the common conveniences, and to
raise money for that purpose and for the purchase
of the land.
The only dissenting svote on the location was
given by Israel Leavitt, the owner of the land
selected.
In order to embarrass the action of the commit
tee appointed by the district Leayitt went
through the ceremony of selling the land and
taking mortgage back and then refused to sell
to the district on the ground of prior conveyance
to a third party who also refused to sell.
This conduct Of Leavitt compelled the inhabi-
tants to petition the selectmen to lay them out a
school house lot, which they proceeded to do,
selecting the same property, originally chosen by
the district, and thereupon tlne building; tne
best in town, was built at an expense OF about
$1,000, and the district school put in operation
to the satisfaction of everybody but Leayitt and
his immediate sympathiZers. Leavtt, however,
who had taken back deed of his land, sued the
committee in treSpaSS and finally obtained Judg-
ment for 81 damages on account OF an lhtornlanty
S., chap. IL, sec. OF. -,
Upon the announcement of this decision of the
law court last spring, the committee appneu TO
the selectmen to reappraiSe the lot, under autof-
ity Of section SO, which was at once done py tIle
municipal officers who awarded Leavitt $50.
In the meantime, he had broken into the school
house and moved his family in, yacating his own
adjoining dwelling and by pacards forbade all per-
sons to enter upon his land. -
The district agent, therefore, had some difficulty
in making a tender of the money, but finally sue
ceeded in April last, in the presence of two wit
nesses. In the meantime suit had been brought
by the committee for possession OF the school
house and lot and the case was reported by Judge
Walton at the last term of the Supreme Court to
the full bench, and will finally be disposed OF next
July. -
IL was on that trial in October that Leayitt
swore that no tender was made.
The assault and battery case referred 10 by
your correspondent had no connection with the
district controversy. Leayitt left his boat made
fast to the wharf and the wind blew 1t under the
wharf out of sight, and when he returned and
could not find it, lie supposed that somebody had
cast it adrift, and unjuSty accused man who
game him fiOgging for the insult In due time
Leavitt found his boat where he had left it. He
has been living in the school house with large
family ever since last spring, has prevented any
school from being kept in the district since thal
time and is likely to for an indefinite period IN the
future, unless some means Is devised TO give the
Inhabitants of school district No. 10 their rights
In the meantme the town is liable to lose its share
of the State mil-tax and a generation OF children
nearly 60 in number are growing up In ignorance
of the rudimentS of educatlOn ana all through the
opposition OF one man who pays little OF no tiiA
and has seven children whom he is deprivng OF
educational privileges which heavy chlldlesS tax
PAYERS are doing their best to furnish them with
1t is doubtful il the parallel can be found IN all
New England. SUBSCRIBER.