The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-05-23


in the famous clam fight between the
towns of Yarmouth and Cumberland.
This round terminated in favor of Gum
berland; but Yarmouth is determined,
and it is said that she may come up
again.
This contest is not only one of great
Importance for the material interests
which are involved. but also of great in
terest for the historical relations which
it bears to the past.
The towns of Yarmouth and Cumber-
land are portions of the famous old town
of North Yarmouth, the history of which
goes back to 1880. Cumberland was
set off first in 1921, and Yarmouth next
in 1S49.
North Yarmouth came from Gorges to
the ''Proprietors of No. Yarmouth y as
was shown by Hon. G. F. Libby in his
interesting opening of the case in the
superior court yesterday. By those
proprietors it was decided to the select
men when the town form of government
was assured. The rights of the clam
flats within the town were recognized in
this deed, and in the subsequent legisla-
ton authorizing the division of the old
town. By these successive divisions the
greater portion of the fats have fallen
within the limits of the town of Var
mouth. Cumberland obtained Che
beague Island in the division, while
Cousins, Littlejohn's and Great Mosier's
islands went to Yarmouth. As will be
seen by the accompanying map where
the different directions of the shadings
distinguish the flats around Yarmouth
territory from those around Cumberland
territory, the greater portion Of the flats
falls within Yarmouth limits.
Now it happens that the great proper
ton of the clam diggers residein Cum
berland, mainly on Great Chebeague.
The firm of Hamilton 6 Co. there do a
large business dealing in CLANS, and
their diggers are at work on all the fats
around.
At the town meeting Of the Goth of
March the people of Yarmouth voted to
limit the time of the taking of CLAIMS to
the months of November and December
of 1898, and the months of January and
February in subsequent years.
About the 18th of April two Che
beague islanders, Sherman w. Hamilton
and George W. Hamilton, Jr., were ar
rested while digging within Yarmouth
territory They were brought before the
Portland municipal court, whence their
case came to the superior court yester-
day.
The parties were in court yesterday
forenoon, Hon. G. F. Libby and Levi
Turner, Jr., Esq, appearing for the
Hamiltons and Assistant County Attor-
ney Richard Webb for the state.
Before any steps were taken for the
trial of the men, Hon. G. F. Libby pre-
sented motion to quash the complaint,
| He said that while this matter APP
peared on the criminal side of the court,
it was really legal question between
| towns. Both Cumberland and Yarmouth
were parts of the old town of North Var
mouth, which came through Gorges, and
from Georges to the ''Proprietors OF
| North Yarmouth" In such proprietary
towns, large grants with seignorial rights
appertaining were made. The rights Of
the inhabitants of Cumberland date
/ back to 1921; and those with which the
case was particularly concerned were
| contained in section of the act of diyi-
| sion. BY this section the use of the
cemeteries, and the right to take ''clams
and mussel mud'' were continued in
common. Mr.. Libby claimed that the
| effect of this section was to continue thu
clam and mussel mud flats in common as
| if they had never been set off.
In 1743 the proprietors of old North
Yarmouth conveyed to the selectmen o.
the town of North Yarmouth the clan
flats below high water mark to be hclt
for the use of the inhabitants of Nortl
Yarmouth and of all such as might here
after inhabit the town, to be held ant
used in common.
Mr.. Libby cited a decision OF the Stat
Supreme Court to show that the lega
position of the flats was the same as i
the town of North Yarmouth had neve
been divided.
The legal estate of these flats, by tina
decision. is not in the present town o